The Department of Social Welfare and Development (DSWD) reiterated the need to uphold the principles of restorative justice in handling cases of children in conflict with the law (CICLs).
“Minors who commit offenses do not go scot-free. This has always been emphasized in Republic Act 9344 as amended by Republic Act 10630 or the Juvenile Justice and Welfare Act (JJWA),” Asst. Secretary Irene Dumlao, the agency spokesperson, said on Wednesday (April 16).
According to the DSWD spokesperson, the JJWA establishes a comprehensive and child-sensitive procedure that ensures the best interest of CICLs through restorative justice.
“Children who come into contact with the justice system must be treated first and foremost as children worthy of protection and opportunities for second chances. In restorative justice, the offender is still held accountable for the offenses that they committed but we also facilitate their full rehabilitation and reintegration, as well as the healing and reparation for the victims and their families,” Asst. Secretary Dumlao pointed out.
The DSWD spokesperson said restorative justice ensures that victim-offender mediation is facilitated to promote accountability, foster understanding, and support the emotional recovery of all parties involved.
Under the JJWA, the age, discernment, committed offense, and gravity of the offense are considered in determining where a CICL should be taken or referred to.
The law also stipulates that children above 12 years old (and 15 years old and below) who committed serious offenses, are placed at the Bahay Pag-Asa and will be under the care and supervision of a special unit called the Intensive Juvenile Intervention and Support Center (IJISC).
For children above 15 but below 18 years old at the time of the commission of the offense, the local social welfare and development officer (LSWDO) will assess whether or not the CICL has acted with discernment.
If the child is found to have acted with discernment and the imposable penalty of the offense is more than 12 years of imprisonment, a case may be filed against the child in court. If the penalty is not more than six (6) years of imprisonment, the child must undergo the process of diversion.
Diversion is an alternative, child-sensitive process of determining the responsibility of the child in conflict with the law without resorting to formal court proceedings.
The procedure can be implemented at the levels of Katarungang Pambarangay, the law enforcement officer, and prosecutor.
If the penalty is more than six (6) years but not more than 12 years, the diversion will be at the Court level.
In victimless crimes where the imposable penalty is not more than six years imprisonment, the diversion will be conducted by the LSWDO.
“When prevention falls short, our focus must shift to rehabilitation, reintegration, and restoration, emphasizing accountability, chances for growth, and the best interests of children,” Asst. Secretary Dumlao said.
The Juvenile Justice and Welfare Council (JJWC), an attached agency of the DSWD, is tasked through its members and coordinating agencies to monitor the implementation of the JJWA. (AKDL)