Proper implementation of law, not suspension or repeal, to help children in conflict with law

This is the response of Salinlahi Alliance for Children’s Concerns, an umbrella organization of groups committed to promoting the rights and welfare of marginalized Filipino children, to Inquirer’s Sept. 22 editorial titled “Lost innocence.”

The issue of children in conflict with the law gained prominence especially after the media hype on the “batang hamog” and the “bukas-kotse gang.”  As a result, some solons are calling for amendments to the Juvenile Justice and Welfare Act of 2006.  The suggested amendments range from lowering the age of discernment to suspension, even repeal, of the law.

The calls defy logic and common sense because the Juvenile Justice and Welfare Act has not been implemented correctly by the government branches responsible. It is absurd to judge the law as a failure when in fact it has not been implemented as it should be. We are dismayed that one of the more progressive laws concerning the welfare of children is now being considered for amendments or even suspension.  The government agencies involved in its implementation, like the judiciary and law enforcement, do not even understand the law.

The law espouses restorative justice which believes that children have the capacity to reform and learn moral values; not the usual punitive justice, which believes that punishment can prevent criminality. The law does not say that children in conflict with the law should be set free even when they have committed grave crimes. It allows for intervention in rehabilitation centers, where minors could be taught values, reformed and given another chance at a bright future. How can we help children “turn over a new leaf,” so to speak, when the government does not even give priority to the intervention program that could help them reform?

The lack of budget from government prevents the full implementation of the Juvenile Justice Intervention Program, the so-called “meat” of the law. The effectiveness of this law actually depends on how the government prioritizes the welfare of children.  Congress determines the budget of government agencies. Thus, it can be said that Congress itself contributes to the law’s failure.

Salinlahi believes that the correct implementation—rather than amendment, suspension or repeal—of the Juvenile Justice and Welfare Act of 2006, coupled with proper education about the law and necessary budget allocation, should be prioritized by the government. Our political leaders should not blame the law for the increase in the number of crimes involving children.  They should instead look at how the government can improve the lives of the Filipino people through reforms.  As long as families wallow in the quagmire of poverty, crimes, whether by adults or minors, will continue to proliferate.

—MELISSA SAN MIGUEL,

officer in charge,

Salinlahi Alliance for Children’s Concerns

21 A1 Malvar Extension St.,

Barangay Bagumbuhay, Project 4,

1109 Quezon City