The Juvenile Justice System Bill
House Bill 6052, known as "An Act Strengthening the Juvenile Justice System in the Philippines, amending for the purpose RA 9344 known as the Juvenile Justice and Welfare Act of 2006," is reportedly one of the measures identified lately by the Palace and leaders of Congress which could gain final approval before adjournment on June 5.
Among the principal authors of the measure are the late Rep. Salvador Escudero III, re-elected Reps. Jerry Treñas, Karlo Alexei Nogales, Cesar Sarmiento, Rufus Rodriguez, Mel Senen Sarmiento, and Marlyn Primicias-Agabas, chairperson of the House Committee on Revision of Laws.
The House-approved version identifies a youthful offender as a child above 12 but at least 15 years of age who acted with discernment and a child above 15 years old but under 18 years of age at the time of the alleged commission of a criminal offense.
Another key provision provides for the suspension of sentence of a child 12 years of age or under and a child above 12 years old but at least 15 years of age who acted with discernment and was found guilty of an offense, but mandates that the child be committed to a repository institution or to the custody of the DSWD or any duly licensed agency.
Likewise, the bill provides that if the child failed to comply with the conditions of the repository institutions mentioned, the child would be returned to the committing court for the imposition of the penalty upon reaching 18 years of age.
Furthermore, if the offense charged is murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years, such child shall be presumed to have acted with discernment.Another vital provision is 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.
The measure also seeks to deter the exploitation of juveniles by providing stiffer penalties (penalty prescribed by law for the crime committed shall be in its maximum period) to anyone found guilty of taking advantage of children to carry out criminal activities. It also defines the responsibility of parents in the supervision of their children.
Furthermore, it provides assistance to victims of offenses committed by children.
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