Monday, March 17, 2008 Pabling opposes setting up of rehab centers By Jujemay G. Awit Sun.Star Staff Reporter
THE Regional Development Council (RDC) 7 passed a resolution requiring local government units (LGUs) to have rehabilitation centers for youth.
But not all favor the resolution.
“Not all laws passed are good laws, and this is one example,” said Rep. Pablo Garcia (Cebu, second district), referring to the Juvenile Justice and Welfare Act of 2006.
The law was the basis for the resolution that was discussed during the first RDC 7 full council meeting this year in Bohol last Friday.
The resolution was discussed by development administration committee chairperson Ricky Poca. Poca said the LGUs have not complied with the provision of the law also known as Republic Act (RA) 9344.
Section 34 of the law says all rehabilitation or training facilities should separately confine children and adults unless they are kin.
“Under no other circumstance shall a child in conflict with the law be placed in the same confinement with adults,” the resolution read.
Residential care
A youth detention home will be a 24-hour child-caring institution to be managed by the LGU and accredited by a non-government organization that will provide short-term residential care for juvenile delinquents.
But Garcia pointed out the negative impact of the law and said the Juvenile Justice and Welfare Act should be amended.
Garcia said he and House Speaker Prospero Nograles already talked about the amendments of the law. He is sure the amendments will be passed.
“Putting up centers will be a burden to the LGUs. Rehabilitation should be up to the Department of Social Welfare and Development (DSWD), not the LGUs,” Garcia said.
Instead, Garcia said the RDC should just recommend amendments for RA 9344.
“Amendments should be debated in the House of Representatives but in the meantime, no one is taking care of the children in conflict with the law,” Poca said.
“They need our help. Is it too difficult for our LGUs to help?” he said.
Toledo City Mayor Arlene Zambo, for her part, does not have a problem with putting up a rehabilitation center except in the funding. She suggested that the DSWD, the Department of Education and the LGUs should work together to put up such facility.
She said LGUs should form a cluster and make one center to make it financially viable.
“But we should identify who are children,” Garcia said.
Discernment
Those 15 years old and under who have committed crimes are exempted from criminal liability. Those between 15 and 18 will be exempted from criminal liability unless they “acted with discernment.”
Teresa Fernandez of the Lihok Pilipina Foundation Inc. said, “We do not question the amendment, but these kids should not be detained.”
Fernandez said there should be rehabilitation programs that will encourage the children to make their lives better.
“They should not be detained with hardened criminals,” DSWD 7 Director Teodolo Romo said.
“Children in conflict with the law are adult criminals in the making. We should deal with them now before they become bigger headaches for the police and the society,” Romo said.
Cebu Gov. Gwendolyn Garcia, RDC chairperson, carried the resolution to enjoin LGUs to create a rehabilitation program for minors in conflict with the law, which may include the rehabilitation center.
Businessman Robert Go, for his part, said incidents of shoplifting have increased with the enactment of the law since children are now being used by adult criminals to do the crime for them.
He said that before the passing of the law in 2006, there’s an average of one or two shoplifters in a store a day. This increased to 10 with the inception of RA 9344.
