Understanding the Juvenile Justice Act
MANILA — The belief that children who commit offenses escape consequences under the Juvenile Justice and Welfare Act of 2006 is inaccurate, local leaders clarified. The law aims to balance accountability with rehabilitation for minors, ensuring they do not go away easily and scot-free.
Akbayan party-list Rep. Chel Diokno emphasized that while holding children responsible for their actions is essential, the existing Juvenile Justice Act provides mechanisms to rehabilitate rather than simply punish. He stressed that additional funding and support for rehabilitation programs are needed instead of amending the law.
Accountability and Rehabilitation Combined
“If there is wrongdoing, there should be accountability — that’s true. But it is not true that child offenders are easily let go because of the Juvenile Justice Law,” Diokno said in Filipino. He explained that institutions like Bahay Pag-Asa offer rehabilitation services for youth offenders.
Diokno further noted that the Supreme Court enforces a “discernment determination process” to ensure minors who understand their actions are held accountable in an appropriate manner. This process aims to balance justice with compassion.
Addressing Root Causes Over Punishment
The representative also criticized proposals to lower the age of criminal responsibility, suggesting they reflect a harsh stance toward children who often fall victim to broken social systems. He urged society to focus on repairing dysfunctional homes, failing schools, and outdated institutions instead.
Similarly, former senator and Mamamayang Liberal party-list Rep. Leila de Lima opposed lowering the age of criminal responsibility. She described such measures as an abdication of justice, emphasizing that children should not be treated as criminals but guided with care and hope.
Challenges in the Juvenile Justice System
De Lima highlighted that the justice system is flawed and cannot be fixed by burdening children with its failures. Instead, society must ask why children become involved in crime and where it has fallen short in protecting its youth.
Senator Robinhood Padilla, who proposed lowering the age of criminal responsibility, aligns with former President Rodrigo Duterte’s earlier stance supporting a reduction from 15 to 12 years old. Duterte had blamed previous lawmakers for enacting laws that allegedly let minors evade punishment.
Implementation Gaps Hamper Rehabilitation
Opponents of lowering the age argue that the current law’s problem lies in poor implementation. For example, a mandate to establish one rehabilitation center per province and highly urbanized city remains unfulfilled, with only 63 centers nationwide as of 2019.
Local officials and child advocates stress that enhancing and properly funding existing rehabilitation programs offers a better solution to juvenile delinquency than imposing harsher penalties on children.
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