In Quezon City, November 2006, the police arrested a fifteen-year-old boy accused of raping a fourteen-year-old girl. In a normal setting, that boy would be detained in prison until he is found not guilty. But in the Philippines, under RA 9344, the boy cannot be held liable even if he was to admit he was guilty. In that case how would the parents of the victim get justice for their daughter? Why is it that the law prevents justice from the one who needed it?
The Republic Act no. 9344 or the "Juvenile Justice and Welfare Act of 2006" covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. This act gives children, eighteen years old and below, the exemption of criminal liability and capital punishments including detainment or imprisonment (Title1 Chapter2 Sec 5-6). The law prevents imprisonment on a child whatever crime he/she commits. It also stated on this law that a child who is in conflict with the law has the right to automatically suspend his/her sentence (Title1 Chapter2 Sec5 L). This means, in any circumstances, an eighteen-year-old and below can't be held responsible to the crimes they committed. If they aren't, then who were responsible? What would the police tell the victims of these juveniles---charge it to experience?
This law impedes enforcement. According to Eliseo Braganza Jr., CADAC Action Officer, RA9344 doesn't help the community but it is only creating monsters within the community. The law isn't disciplining those kids but are only pampering them. And when they grow up, they'll commit crimes worse than what they had been acquitted for.
There were situations that syndicates and gangs used minors to do their dirty job. They recruit these children and train them with criminal skills of the underworld, after which they are fielded by their syndicate masters to run afoul with the law as Shabu couriers, cellphone snatchers, pimps, armed robbers, etc. These syndicates take advantage of RA9344 that exempts minor from detainment. It stagnates police operations since these children, when caught, wouldn't tell the enforcers anything that they knew in fear of their lives or in fear to lose their "alliances" with these groups.
The main score?
The Act is a failure. Yes, its intentions is to protect the youths' future and to honed them to be better citizens. Yes, its major goal is to give humane rights to the youth whether or not they are in angst with the law. But still, it's a failure. Instead of lessening crime rates, it doubles it up. It gave criminals the chance to implore their evil doings to the mind of these teenager. And what is worst, it stops justice. RA9344 has its flaws, but who is to blame by the misdemeanors of these delinquents? "The youth is the hope of the country," Dr. Jose Rizal once said. They should be protected. They should be educated of their rights, the rights of others and the consequences when these rights are being violated. Likewise, the youth should be taught how to be responsible on what they say and what they do.
