BAPTISM OF FIRE
When President Gloria Macapagal Arroyo signed into law more than a month ago the Juvenile Justice and Welfare Act, the landmark measure has yet to undergo a baptism of fire. Usually, as in the lifeblood of a law just published to hit the road so to speak, the brainstorming and formulation of the corresponding implementing rules and regulations (IRR) serve as its inherent birth pains.
Primarily, the Juvenile Justice and Welfare Act or Republic Act 9344 seeks to reform the system of justice and keep minors or Children In Conflict With the Law (CICL) from jail.
It provides that children 15 years and below will be "criminally exempt" while youth offenders ages 15 to 18 can be criminally charged only if they acted out "with discernment". Moreover, the recent law directs law enforcers to immediately turn over children caught for breaking the law to social workers upon their apprehension.
It wanted to do away with retributive justice or "an eye for an eye" vindictive system of correction and considers the restorative approaches of accountability, community safety and competency development in all levels and states of the proposed juvenile justice system, specifically aiming for the rehabilitation of the deviant child, cure the victim of the harm or offense and contribute magnanimously to peace in the community.
Concededly, RA 9344 calls for the establishment of a Juvenile Justice and Welfare Council (JJWC) under the administrative auspices of the Department of Justice (DOJ) and headed by the an undersecretary of the Department of Social and Welfare and Development (DSWD).
The proposed JJWC shall effectively coordinate and implement the different programs on juvenile justice being implemented by various agencies concerned, including the turf where this space invader belongs, the Bureau of Jail Management and Penology (BJMP).
When President Gloria Macapagal Arroyo signed into law more than a month ago the Juvenile Justice and Welfare Act, the landmark measure has yet to undergo a baptism of fire. Usually, as in the lifeblood of a law just published to hit the road so to speak, the brainstorming and formulation of the corresponding implementing rules and regulations (IRR) serve as its inherent birth pains.
Primarily, the Juvenile Justice and Welfare Act or Republic Act 9344 seeks to reform the system of justice and keep minors or Children In Conflict With the Law (CICL) from jail.
It provides that children 15 years and below will be "criminally exempt" while youth offenders ages 15 to 18 can be criminally charged only if they acted out "with discernment". Moreover, the recent law directs law enforcers to immediately turn over children caught for breaking the law to social workers upon their apprehension.
It wanted to do away with retributive justice or "an eye for an eye" vindictive system of correction and considers the restorative approaches of accountability, community safety and competency development in all levels and states of the proposed juvenile justice system, specifically aiming for the rehabilitation of the deviant child, cure the victim of the harm or offense and contribute magnanimously to peace in the community.
Concededly, RA 9344 calls for the establishment of a Juvenile Justice and Welfare Council (JJWC) under the administrative auspices of the Department of Justice (DOJ) and headed by the an undersecretary of the Department of Social and Welfare and Development (DSWD).
The proposed JJWC shall effectively coordinate and implement the different programs on juvenile justice being implemented by various agencies concerned, including the turf where this space invader belongs, the Bureau of Jail Management and Penology (BJMP).
Just recently, in a staff conference presided by Chief Supt. Antonio Cabil Cruz, BJMP Officer-In-Charge, a technical working group was created and directed to formulate the implementing rules and regulations on the part of the BJMP.
Generally, the RA 9344 prescribes the creation of local councils for the protection of children. The council shall likewise serve as the primary agency to coordinate and assist the local government units for the adoption of a comprehensive plan on delinquency prevention and its implementation.
So there you are, folks. Let us just wait for more revealing developments and dwell next time with international laws face to face with our local laws on CICL.
Generally, the RA 9344 prescribes the creation of local councils for the protection of children. The council shall likewise serve as the primary agency to coordinate and assist the local government units for the adoption of a comprehensive plan on delinquency prevention and its implementation.
So there you are, folks. Let us just wait for more revealing developments and dwell next time with international laws face to face with our local laws on CICL.
A child under the United Nations Convention on the Rights of the Child (UNCRC), is recognized as a person under eighteen years of age unless national laws recognize the age of majority earlier.
The Child and Youth Welfare Code (PD 603) defines children as persons below twenty-one years of age except those emancipated in accordance with law. This law rose the minimum age of children as those twenty years old and below.
It must note, however, that this law was promulgated almost 15 years earlier than the UNCRC. Then President Ferdinand Marcos signed this code into law in December 1974.
The UNCRC, on the other hand was adopted in November 1989 but it was only a year later that the Philippine government ratified the convention. However, with the subsequent passage of RA 7610 in 1992, the age limit for the definition of "children" was lowered to below 18 years old. This definition was adopted by RA 9344.
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