A proposed statute seeking to impose stiffer penalties against persons using and exploiting children in the commission of crimes is now awaiting the President’s signature.
The proposed “Act Strengthening the Juvenile Justice System in the Philippines,” contained in a bicameral conference committee report on HB 6052 and SB 3324, was ratified by both chambers of Congress, beating its June 6th since die adjournment.
Likewise, the measure, which amends Republic Act 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, provides that the victim and his/her family shall be provided the appropriate assistance and psychological intervention by the local Social Welfare and Development Office, the DSWD and other concerned agencies.
It states that “any person who, in the commission of a crime, makes use, takes advantage of or, profited from the use of children, including any person who abuses his/her authority over the child or who, with abuse of confidence, takes advantage or instigates the commission of the crime, shall be imposed the penalty prescribed by law for the crime committed in its maximum period.”
Likewise, “the court may require the parents of a child in conflict with the law or a youthful offender to undergo counseling or any other activity that, in the opinion of the court, would advance the welfare and best interest of the child.”
“Parents,” as used in the measure, shall mean the biological parents, adoptive parents, or individuals who have custody over the child.
The bill states, “A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability.” However, the child shall be subjected to an intervention program pursuant to the provisions of the proposed statute.
Furthermore, a child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program unless he or she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings under the proposed act.
However, it added, “The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”
The bill also provides for the transfer of the supervision and control of the Juvenile Justice and Welfare Council from the Department of Justice to the Department of Social Welfare and Development. An Undersecretary of the DSWD shall chair the JJWC. There shall also be a regional (RJJWC) under the supervision of the JJWC.
The JJWC is mandated to submit an annual report to Congress on the implementation of the provisions of the proposed statute. The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.
The authors of the bill are re-elected Reps. Jerry Treñas, Karlo Alexei Nograles, Cesar Sarmiento, Rufus Rodriguez, Mel Senen Sarmiento, the sponsor-Committee on Revision of Laws chairman Marlyn Primicias-Agabas, and the late Rep. Salvador Escudero III.
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