MANILA -- Youth offenders under 15 years old should not be released by authorities when they should instead be subject to formal proceedings for the crime committed, the Senate said in pushing for changes to the Juvenile Justice and Welfare Act of 2006.
In approving Senate Bill 3324 on third and final reading last Monday, the senators believe these minors can face civil liabilities in accordance with existing laws and their parents or guardians will have to assume responsibility.
"If the child committed theft, he or she is obliged to return the thing he or she has stolen. If it is not possible to return what he or she has stolen, the parents should pay the amount equivalent to what the child has stolen," said lawyer Cecile Palines, a staff of bill sponsor Senator Francis Pangilinan.
Children under this category shall be immediately released to the custody of his or her parents or guardians, or even to the child's nearest relative.
Also, children who are 15 years old or below shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires his referral to a youth care facility or Bahay Pag-Asa managed by the Department of Social Welfare and Development (DSWD), local government units or licensed and/or accredited non-government organizations monitored by the DSWD.
Children who have committed crimes more than three times will be considered neglected and must undergo intervention programs supervised by the local social welfare and development officers.
Those who have been accused of murder and rape, meanwhile, shall be mandatorily placed in a special facility called the Intensive Juvenile Intervention and Support Center which is within the youth care facility, according to the bill.
The proposed legislation also provides the maximum penalty for those who exploit children such as syndicates, for the commission of criminal offenses.
"This bill also requires that discernment be alleged in the information in a criminal case involving children in conflict with the law," Pangilinan said.
Pangilinan said the Juvenile Justice Welfare Council will be required to conduct a periodic study on the age of discernment to provide basis for a legislative review.
The measure also proposes assistance to victims of crimes committed by children. It will also ask LGUs to strictly implement local curfew ordinances for the protection of children.
If apprehended, no penalty shall be imposed on the child and he will be accompanied to his residence.
Fifteen years old is the age of criminal responsibility under Republic Act 9344. (Virgil Lopez/Sunnex)