JUVENILE JUSTICE AND WELFARE

SYSTEM:

EXPANDING THE COVERAGE OF THE

CRIMES COMMITTED OF THE CHILD
IN CONFLICT WITH THE LAW WHICH
WOULD MANDATORILY REQUIRE THE
CHILD TO BE PLACED IN THE STATE'S
CUSTODY.
 BACKGROUND OF THE STUDY

PD 603 - THE CHILD AND YOUTH WELFARE CODE provides

the following:

“The Child is one of the most important assets of the

nation. Every effort should be exerted to promote his
welfare and enhance his opportunities for a useful and
happy life.
 Thesis Statement

SECTION 6 OF RA 10630 AMENDING SEC 20 OF RA9344 20-A SHOULD INCLUDE THE

FOLLOWING CRIMES TO BE EXEMPTED WHERE THE CHILD IN CONFLICT WITH THE LAW
SHOULD BE MANDATORILY PLACED IN A SPECIAL FACILITY WITHIN THE YOUTH CARE FACULTY
OR 'BAHAY PAG-ASA':

1.) THEFT
o ART. 308 of RPC which are punishable under Article 309 paragraph 1 and 2 only.
o ART 310 of RPC (AS AMENDED BY R.A. 120 AND B.P. BLG. 71. MAY 1, 1980).

2.) PHYSICAL INJURIES -ART. 263. RPC SERIOUS PHYSICAL INJURIES

3.) REPUBLIC ACT. NO. 9165 - Section 15. Use of Dangerous Drugs

4.) REPUBLIC ACT NO. 9995 "ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009".
 RA 9344

TITLE IV
TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY

SEC. 20. Children Below the Age of Criminal Responsibility. -

-> If it has been determined that the child taken into custody is fifteen (15) years old or below,
the authority which will have an initial contact with the child has the duty to:

(1) immediately release the child to the custody of his/her parents or guardian, or
(2) in the absence thereof, the child's nearest relative.

Said authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the person having
custody over the child.
 "SEC. 20-A. Serious Crimes Committed by Children Who
Are Exempt From Criminal Responsibility. –
A child who is above twelve (12) years of age up to fifteen
(15) years of age and who commits:
1. parricide,
2. murder,
3. infanticide,
4. kidnapping and
5. serious illegal detention where the victim is
killed or raped,
6. robbery, with homicide or rape,

RA 10630 7. destructive arson,

8. rape, or
9. carnapping where the driver or occupant is
killed or raped or
10. offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002)
punishable by more than twelve (12) years of
imprisonment,
shall be deemed a neglected child under Presidential
Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the
youth care faculty or Bahay Pag-asa‘ called the
Intensive Juvenile Intervention and Support Center
(IJISC).
 Thesis Statement

SECTION 6 OF RA 10630 AMENDING SEC 20 OF RA9344 20-A SHOULD INCLUDE THE

FOLLOWING CRIMES TO BE EXEMPTED WHERE THE CHILD IN CONFLICT WITH THE LAW
SHOULD BE MANDATORILY PLACED IN A SPECIAL FACILITY WITHIN THE YOUTH CARE FACULTY
OR 'BAHAY PAG-ASA':

1.) THEFT
o ART. 308 of RPC which are punishable under Article 309 paragraph 1 and 2 only.
o ART 310 of RPC (AS AMENDED BY R.A. 120 AND B.P. BLG. 71. MAY 1, 1980).

2.) PHYSICAL INJURIES -ART. 263. RPC SERIOUS PHYSICAL INJURIES

3.) REPUBLIC ACT. NO. 9165 - Section 15. Use of Dangerous Drugs

4.) REPUBLIC ACT NO. 9995 "ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009".
 1. Theft - 2,616 cases;

2. RA 9165 - 472 cases

Statistical 3. RA 9995 – 14 cases

Data
4. Serious Physical Injuries – 8 cases.

Source: Juvenile Justice Welfare Council

Freedom Of Information. The data covers
the period from January to October 2017.
 > Substantial Number
of Cases Reported

> Success in committing

Theft theft will breed future
robbers

> Releasing back the

child to the parents will
not solve the problem
 > Substantial Number
of Cases Reported

RA 9165 SEC.
15 – USE OF > Releasing back the
child to the parents will
PROHIBITED not solve the problem
DRUGS

> Children are victims

who needs a rescuer
 > Threat to the child
REPUBLIC and to the
community;
ACT NO.
9995
"ANTI- > Child requires
PHOTO intensive
psychological help;
AND VIDEO
VOYEURISM
ACT OF > The child should
2009". understand the
gravity upon the
victim;
PHYSICAL
> Severity of injury
INJURIES - infliceted; Should
be considered as "
ART. 263. Frustrated Murder"

RPC
SERIOUS > Maybe
committed in gang
PHYSICAL fights;

INJURIES.
 Note
> duration of the penalty or sentence imposed to the offender should not
be the sole basis of the exemption.

>The exemption must also consider the nature of the crime committed and
its impact to the offended party.

> The Family is expected to be the first place where a child should be
brought up and developed with the end goal of becoming a responsible
citizen of the State.

> If the Family fails, The Author submits that it will be The State who shall
be responsible for what the family fails to discharge.
Impact to the Victim
> Spectators will never understand the psychological
impact of the crime to the victim, unless they
experience atleast 80% of the same situtaion.

> Justice is a relative word as far as the offended party

is concerned.

> There should be no possibility of escape to ensure

Justice is served
 Reccomendation

The State should fully take over.

1.) enforce and regulate the intervention of the children in conflict with
the law.

2.) remove the provision that may allow the parents to claim custody to
the child in conflict with the law

3.) parents no longer need to execute any authorization or consent to

have the child be admitted in a Bahay-Pag Asa.
 Reccomendation

4.) Do not entrust the child back to the parents because it is clear that the
parents failed to carry out their obligation to give guidance and nurture moral
values to the child.

5.) that if these crimes were committed, no assessment and recommendation

of the Local Social Welfare Development Officer is needed but rather directly
bring the child to Bahay-Pag Asa and immediately commence intervention or
diversion as the case maybe.

6.) the State should not be afraid of the expenses it entails to take care of a
child if it considers each child as an asset of the country.

7.) The State should invest more to establish Bahay Pag-Asa and include and
make its budget as part of the national budget and don’t leave its funding to
the allotted budget to the LGU's or depend upon the budget of NGO's.
 Reccomendation

8.) The family of the child in conflict with the law, if available, should
also be guided.

9.) give premium attention to the poor families which are the
breeding nest of these children (majority) in conflict with the law.
 It makes us realize the
following:
• The role and obligation of the
family in the upbringing
and development of each child.
RELEVANCE • The State and its good
OF THE governance plays a very
important role in upbringing and
THESIS developing each child.
• The fast paced movement of our
socio-economic cultural setting
requires that our laws must be
able to adapt to such
movement.