Tuesday, July 7, 2009

Republic Act No. 9344 " An act establishing a comprehensive juvenile justice system, creating the juvenile justice and welfare council under DOJ."

" The innocence and naivety of children are the purest form of a human being"

Republic Act No. 9344 " An act establishing a comprehensive juvenile justice system, creating the juvenile justice and welfare council under DOJ."


This law protects the rights of the child from the harassment of society. Children who are in conflict with the law are excempted from criminal liability. This is the very reason why the government passed a law which not only protect the children but also rehabilitate them from the callousness of evil society.

Juveniles in conflict with the law are victims of circumstances beyond their control who should be treated as individuals with a problem who need help and need to be provided with appropriate assistance and services to ensure the full protection of their rights for survival, protection, development and participation.


Under the present intervention program, the child will undergo a series of activities designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which include counseling, skills training, education and other activities that will enhance their psychological, emotional and psycho-social well being.

The intervention program involves the case management process to include assessment, planning, implementation, monitoring and evaluation. This will ensure careful and in-depth study of the case to ensure its proper handling and the provision of appropriate programs and services.


The disparity of ages which range from 18yrs old and under has made a dramatic notation from critics. For those who are 15ys. old and below and those above 15ys. old but below 18ys. old, who acted without discernment will undergo an intervention program. While those above 15ys. old and who acted with discernment, if the offense committed has an imposable penalty of more than six years of imprisonment as in the case of rape or murder, the law shall provides that the child shall undergo court proceedings.
When brought to court, the child maybe placed under suspended sentence and be subjected to rehabilitation programs. in no instance the child shall put to jail. Actually, 15 yrs. old is within the stage of adolescence. The transition age which is characterized by curiosity, try outs and identity crisis. At this stage children are not yet emotionally stable and is not yet matured.

Under the diversion program, the children are process in determining the responsibility and treatment in conflict with the law without resorting to formal court proceedings. The mechanism are conferencing, mediation and counseling. The diversion program shall include adequate socio-cultural and psychological responses and services for the child.

RA 9344, requires the provision of preventive and developmental programs for children at risk and their families, through the development of a local juvenile intervention program in every local government unit. These programs should be enforced and strengthened by the LGU's and other private organizations, NGO's to address this issue.
The preventive and developmental programs will divert children's activities into productive one's, it will prevent them from exposure and commission of anti-social behavior. The law enforcement officers have the critical role in running after those who are exploiting, using the children to commit crimes. Surveillance system should be in place as preventive measure for children.

Conclusion:

The passage of RA 9344, The youth offenders are the great beneficiary of this law. Children are given immunity from prosecution of law and thereby protected by the state aginst criminal liability. Minors who were victims and offenders were all given preferential attention by the state through DSWD and other private organizations, committed in developing the child to a more responsible citizen.

Thus, it is noteworthy to say that the precious of this law is that it always give the youthful offender the chances to regain their innocence and frailtiness upon which the society is mandated. Children who deserves an environment that will cater their needs and help them nourish their well being. Giving them the opportunity to be respected and rehabilitated which the state is mandated. The welfare of the children is the primordial concern of the state. For all we know, they are the hope of our future. We must give them what is due to them, the basic necessity as well as the moral obligation because the state is the "parens patriae" of our country.The welfare of the children shall be the utmost concern of the state. The guardians and protector of children who are in conflict with the law.


rhydel dogadle, law student-MSU-Zamboanga Peninsula
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