TOPIC: Juvenile Delinquents STAND: Lowering the age of exem tion from !

" #ears ol$ to % &ears ol$' ISS(): Numerous controversies arose from the amendment of PD 603 to RA9344 and for this reason, the group decided to loo into !oth Acts and decipher "hether the changes !rought into RA9344 has !een effective#

*&+ People have al"a$s recogni%ed children as one of the ma&or components for the development of societ$# 'ut "hile !eing an important component the$ are also considered as the most vulnera!le#( )n vie" of their limited capacit$ to protect themselves, it is the dut$ of their parents and guardians to protect their rights "hile the$ are still under the age of ma&orit$# *oda$, there are countless of cases "herein the $outh e+perience different stimuli, ma$ these !e ph$sical, emotional, mental motivation, "hich sooner or later compromise their future and hamper their development#, *he parents, directed !$ their natural and moral o!ligations to protect their children, are not empo"ered enough to punish and correct these acts due to lac the resources and no"ledge# *o e-uip these parents to deal "ith these challenges "ould re-uire e+tensive resources thus the government must intervene to fill the gap# *he government, an agenc$ through "hich a person surrenders a portion of his rights to rule over him, should at all times uphold these rights !$ enacting legislations and creating programs and opportunities to aid in the development of societ$ as a "hole to correct and regulate actions done !$ the people in particular# *hese corrective and supplemental measures ma$ !e achieved through la"s and programs. and the government is the !od$ that the $outh needs to protect, regulate and enforce their rights# *his is the core purpose of the enactment of Presidential Decree No# 603, other"ise no"n as the /hild and 0outh 1elfare /ode "hich "as signed into a la" on Decem!er (0, (924 and the su!se-uent legislation, Repu!lic Act No# 9344, other"ise no"n as 333333333333333333333333 that supposedl$ strengthened the rights and
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http://www.dswd.gov.ph/phocadownload/SWDJournal2010/journal%202nd%20issue%202010.pdf http://www.dswd.gov.ph/phocadownload/SWDJournal2010/journal%202nd%20issue%202010.pdf

protection of children "ho have !een engulfed !$ resorting to "rongdoings &ust to get !$ the da$ and survive# *here are t"o central issues !eing dealt "ith in this paper 4(5 "hether or not lo"ering the age of e+emption from (6 $ears old to 9 $ears old "ould !e more !eneficial to societ$. and 4,5 "hether or not RA 9344 is more effective than PD 603# *o arrive at the ans"ers in the issues presented, this paper shall discuss the follo"ing points: *he group "ill stud$ !oth la"s and at the same time compare and contrast the amendments and7or modifications covered !$ RA 9344# *he group "ill loo into the reasons "h$ this particular act has !een amended# 8ence, the group "ill identif$ the goals and o!&ectives of the said amendment# *he group "ill evaluate "hether the changes has !een implemented "isel$# *he group "ill loo into the different local or international organi%ations7government agencies that have a stand regarding the said amendment# *he group "ill discuss their stand regarding the issue and cite relia!le facts to support their stand# Propose pro&ects that could help address the issues of &uvenile delin-uencies#

1e shall no" loo into the historical development !asis and development of the &uvenile delin-uenc$# 'asicall$, !oth issuances are directed to the $outh9s development and protection# *he protection set:out in PD 603 is !ased on the (923 /onstitution "hich provides under ;ection 6 that <4t5he ;tate recogni%es the vital role of the $outh in nation:!uilding and shall promote their ph$sical, intellectual and social "ell:!eing#= 1hile RA 9344 is !$ virtue of Paragraph ,, ;ection 3, Article >? of the /onstitution "herein it states, <+++ ;ection 3# *he ;tate shall defend: +++ 4,5 *he right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, a!use, cruelt$, e+ploitation and other conditions pre&udicial to their development.= )n the old la" 4PD 6035 and as supported !$ the Revised Penal /ode, the criminal lia!ilit$ and penalt$ imposed to a child is "hen he or she has acted "ith discernment. $outhful offenders "ho are aged !et"een (6 to (@ $ears old at the time of the commission of the crime

and "as proven to have acted "ith discernment the$ "ill !e tried as adults, ho"ever, "hen a minor aged under (6 $ears of age and !elo" the$ are e+empt from criminal lia!ilit$ and "ould !e released immediatel$# *his has !ecome a lee"a$ for different s$ndicates and groups to ma e use of children in the perpetuation and7or consummation of the "rongdoings since these children !$ virtue of the la" "ould !e e+empt from criminal and civil lia!ilit$ on ground of minorit$# *his has !een continuousl$ e+ploited and has !ecome a valid e+cuse for them to escape &ail sentence and an$ form of lia!ilit$# *his is the reason "h$ there has !een a continuous increase in crimes committed !$ children, in the form of theft, ro!!er$, rape, among others# )n the ne" la" 4RA 93445, there is an increasing rate of crimes the government sa" it fit that there has to !e a change in the age "here the$ "ould !e held criminall$ lia!le not onl$ to deter crime !ut similarl$ appl$ this as a corrective measure that "ould someho" hone the child to !ecome a more productive component of societ$ and to lead him or her a"a$ from potentiall$ damaging his7her future further#

DANNA Overview of Presi$ential De,ree No' -./ Presidential Decree No# 603, other"ise no"n as *he 0outh and 1elfare /ode, "as passed !$ then President Aerdinand Barcos primaril$ to protect the children9s "elfare in !elief that the$ are one of the most important assets of the nation# *he la" is divided into several parts# *hese are: *itle ) : Ceneral Principles *itle ) sho"s us the importance of the creation of the /ode and tells us for "hom it "as created# P#D# No# 603 defines <child,= <minor,= or <$outh= as an$ person !elo" t"ent$:one $ears of age e+cept those emancipated in accordance "ith the la"# *he la" provides their rights and responsi!ilities, and see s to protect their ph$sical, moral, spiritual, intellectual and social "ell: !eing# *itle )) : /hild and 0outh 1elfare and the 8ome *his part discusses "ho has parental authorit$ or responsi!ilit$ over the children. the mechanics of adoption. the rights, duties, and lia!ilities of the parents. "hat assistance is offered to the parents to help them provide for the children9s necessities. and foster care# *itle ))) : /hild and 0outh 1elfare and Dducation *itle ))) focuses on the importance of education in the child9s life such that it provides access to educational opportunities, and identifies the roles of the home and the school# *itle )? : /hild and 0outh 1elfare and the /hurch *his part recogni%es the rights of the /hurch in influencing the child9s religious and moral up!ringing# 8ence, the la" provides the children "ith opportunities to stud$ in sectarian schools, !e taught a!out religion, and !e given assistance !$ the parents in the performance of regular devotion of their /hurch and other religious ceremonies#

*itle

/hild

and

0outh

1elfare

and

the

/ommunit$

*he /ommunit$ is !elieved to pla$ a vital part in the child9s up!ring hence, the la" identifies "ho this communit$ is and "hat their duties are# *his includes communit$ !odies such as !aranga$ councils, civic association of adults, and $outh associations, and ho" the communit$ should *itle "or ?) "ith : the /hild home and to foster 0outh proper up!ringing and of the the children# ;amahan 1elfare

'aranga$, municipal and cit$ councils, "henever necessar$, are tas ed to create a <samahan#= *he ;amahan is referred to as the <aggregate of persons "or ing in commercial, industrial, and agricultural esta!lishments or enterprises, "hether !elonging to la!or or management#= *he$ are tas ed "ith duties in assisting and ensuring the "elfare of "or ing children# *itle "ould *itle ?))) ?)) : "or : /hild and together ;pecial 0outh 1elfare "ith /ategories and the of the ;tate home# /hildren *his part consists of the regulation of child and $outh "elfare services, and ho" the state

*itle ?))) identifies special categories of children "hich are dependent, a!andoned, and neglected children. mentall$ retarded, ph$sicall$ handicapped, emotionall$ distur!ed, and mentall$ ill children. and $outhful offenders# *he la" defines "ho falls under these special categories of children and are provided "ith assistance "hich specificall$ cater to their needs# Among the three, this paper "ould li e to place great "eight on the third categor$, the $outhful offenders# 0outhful offenders here are defined as one "ho is over nine $ears !ut under t"ent$: one $ears of age at the time of the commission of the offense# *his categor$ "ill !e discussed further later on in connection to Presidential Decree No# 603 and to Repu!lic Act No# 9344# *itle )> : /ouncil for the 1elfare of /hildren and 0outh P#D# No# 603 creates a /ouncil for the 1elfare of /hildren "hich "as esta!lished to ensure the implementation and enforcement of all the la"s "hich promote child and $outh "elfare# )t li e"ise provides the government offices "hich should "or /ouncil to ensure achievement of all child and $outh "elfare programs# P#D# No# 603 "as passed into la" on Decem!er (0, (924# together "ith the

Overview

of

0e u1li,

A,t

No'

%/22

Repu!lic Act No# 9344, other"ise no"n as <An Act Dsta!lishing a /omprehensive Euvenile Eustice and 1elfare ;$stem, /reating the Euvenile Eustice and 1elfare /ouncil Fnder the Department of Eustice, Appropriating Aunds *herefor and Aor Gther Purposes,= is a consolidation of ;enate 'ill No# (40, and 8ouse 'ill No# 6066# )t "as signed into la" on April ,@, ,006 !$ then President Cloria Bacapagal:Arro$o# R#A# No# 9344 contains the follo"ing provisions: *itle ) : Coverning Principles

;till !elieving in the importance of children and $outh in nation !uilding, the Act see s to protect the interests of children "ho have !een accused, accused of, ad&udged, or recogni%ed as having infringed the penal la"# )t li e"ise sa$s that in an$ case of dou!t regarding the provisions of the Act and its implementing rules and regulations, interpretation should !e construed li!erall$ in favor of the child involved# *his part of the Act also provides for the definition of terms used in the Act, the rights of the child in conflict "ith the la", and the minimum age of criminal responsi!ilit$ "hich is ver$ much in contrast to that provided in Presidential Decree No# 603# *his *itle )) : "ill ;tructures in !e the thoroughl$ Administration of Euvenile discussed Eustice and later# 1elfare

*his part of the Act discusses the creation of the Euvenile Eustice and 1elfare /ouncil 4E1//5 and the agencies "hich "ould "or together "ith the /ouncil to ensure proper implementation of the Act# )t attaches the E1// to the Department of Eustice and places it under the DGE9s supervision# )t also assigns the undersecretar$ of Department of ;ocial 1elfare and Development as its chairman# *itle )) li e"ise provides the duties and functions of the E1//# *itle ))) : Prevention of Euvenile Delin-uenc$ *o prevent &uvenile delin-uenc$, the Act ta es measures for it such as !$ identif$ing the roles of the different sectors to the children and !$ esta!lishing a /omprehensive Euvenile )ntervention *itle given )? : *reatment of /hildren 'elo" the Age of /riminal Program# Responsi!ilit$ to#

*his part identifies to "hom custod$ of children fifteen $ears of age or !elo" "ould !e

*itle

Euvenile

Eustice

and

1elfare

;$stem

*itle ? provides the relevant information involved in initial contact "ith the child, diversion, prosecution, court proceedings, and confidentialit$ of records and proceedings# *itle ?) : Reha!ilitation and Reintegration *he Act provides interventions, approaches and strategies that "ould !e used to improve the &uvenile delin-uent9s social functioning to ena!le them to !e reintegrated into their families and *itle penal *itle ?)) provision, ?)) and : into : their Ceneral appropriation *ransitor$ provision communities# Provisions are# Provision

*his part of the Act identifies "hat the governing e+empting provisions, prohi!ited acts,

;ince Presidential Decree No# 603 included children "ho are over nine $ears !ut under t"ent$:one $ears of age at the commission of the crime, Repu!lic Act No# 9344 provides that those children fifteen $ears of age and !elo" "ho are detained !e released and to !e placed under custod$ of their parents or !e referred to the prevention programs identified in R#A# No# 9344# *itle )> : Ainal Provisions *his simpl$ states the rule ma ing po"er of the E1//, the separa!ilit$ clause, the repealing clause, and the effectivit$ of R#A# No# 9344#

Signifi,ant

Differen,es

1etween

P'D'

No'

-./

an$

0'A'

No'

%/22

(# Definition of /hild PD 603 : an$ person !elo" ,( RA 9344 : an$ person !elo" (@ ,# Definition of 0outhful Gffenders P#D# No# 603 : Article ?))), /hapter 3