Despite lacking facilities, minors in conflict with the law undergoing rehab | ABS-CBN

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Despite lacking facilities, minors in conflict with the law undergoing rehab

Despite lacking facilities, minors in conflict with the law undergoing rehab

RG Cruz,

ABS-CBN News

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Mga bata sa Bahay Pag-asa (Children in conflict with the law)

With hundreds of minors either in jail or in reform centers, the Juvenile Justice and Welfare Council (JJWC) on Tuesday made the assurance that children in conflict with the law (CICLs) are given proper rehabilitation while being held accountable despite lacking facilities.

JJWC Executive Director Tricia Clare Oco said this during the signing of an agreement for the construction of a "Bahay Pag-Asa" or a reform center for CICLs in Camarines Norte.

There are currently 210 minors in jail and 635 other delinquents institutionalized in reform centers, she said.

A Bahay Pag-Asa is a 24-hour child caring institution established, funded and managed by local government units and licensed and/or accredited non-government organizations to provide short-term residential care for children in conflict with the law.

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Oco emphasized that there are different ways to deal with children in conflict with the law; not all of them should be jailed. Those held in facilities of the Bureau of Jail Management and Penology are there due to the lack of facilities for delinquent minors, she added.

"Hindi po lahat ng mga bata, 'pag nagkasala ay kailangan ikulong, pero po 'yung nagkakaroon ng serious crime o kailangan silang i-institutionalize dahil paulit ulit sila, 'yun po yung nilalagay natin sa Bahay Pag-asa (Not all children who commit a crime should be put to jail, but those who committed serious crimes repeatedly should be institutionalized because they have become recidivists. Those are the ones we put in Bahay Pag-Asa)," Oco explained.

Due to lack of resources, there is a misconception that children in conflict with the law are just being released without punishment or rehabilitation, she added.

"Maling-mali po iyon, meron po tayong pruseso kung saan pwede silang ilagay sa institution o mag undergo ng programa but at the community level (That's very wrong, because we have a process to determine in which institution they should be placed or instead undergo programs at the community level," Oco said.

Oco hopes to the government could build more Bahay Pag-Asa homes nationwide. The law mandates the construction of these reform facilities in each of the 81 provinces and 33 highly urbanized cities nationwide, but only 36 are by far operational.

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Oco, however, declined to comment on the current proposal to lower the minimum age of criminal liability.

Under the proposed law, a child under 9 years old at the time of the commission of an offense shall be exempt from criminal liability and instead undergo an intervention program.

A child between 9 to 18 years old shall likewise be exempt from criminal liability and be subjected to an intervention program unless he or she is determined to have acted with discernment.

The current law pegs the minimum age of criminal responsibility at 15 years old and also bans children in conflict with the law from being jailed with hardened criminals.

On Monday, President Duterte slammed the Juvenile Justice Act, blaming it for the increase in the number of children in conflict with the law.

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The law was authored by Sen. Francis Pangilinan.

Lowering the age of criminal liability is among the Duterte's administration's legislative priorities as part of its anti-crime campaign.

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