Good evening, everyone.
These laws were products of the efforts of the government agencies and
stakeholders. Tonight, we would like to share the salient and important provisions of these laws to all our
countrymen through the help of our media representatives.
Juvenile Justice Welfare Act (RA 9344)
What is this law all about? What is its purpose?
The Juvenile Justice Welfare Act is a law aimed at protecting children who are 15 years of age OR above
15 but below 18 years old at the time of commission of the offense, and found to have acted without
discernment, the child is exempt from criminal responsibility regardless of the nature of the crime
committed. However, if the child is above 15 but below 18 who acted with discernment are in conflict
with the law, they are put in a rehabilitation program. Instead of penalizing a juvenile offender, we
reform them by making them understand that what they did was wrong.
This law is in accordance with our State Policies particularly, that the State should value the dignity of
every human person and guarantees full respect for human rights.
RA 9344 ensures that children in conflict with the law are treated with dignity and respect. The law
upholds the child’s fundamental rights by providing protection, fair treatment, and ensuring that children
are not subjected to cruel, degrading, or inhumane punishment.
This is also in accordance with Section 3 of Art. 15 of our Constitution, The State shall defend the right of
children to assistance, including proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;
The focus of RA 9344 is on the rehabilitation of children, offering interventions that help juveniles
reintegrate into society. Instead of punitive measures, the law provides for diversion programs,
counseling, education, and skills development to support the child’s growth and prevent future offenses.
You said that this is to protect children who committed crime, should not we protect the victim instead
of the criminal?
Yes, that is true Senator. But these children are also the victims here most of the time. A child in conflict
with the law is usually a kid used by adults to commit a crime or is pressured by other people to commit
a crime. They are easily exploited because they do not yet understand what is right and wrong. Mostly,
these children in conflict with the law are the ones that are neglected by their parents or guardians, they
are left to fend for themselves and eventually resort to crimes.
Since they do not yet understand the consequences of their action, they should be equally protected just
the same as the victims. To give our viewers a better understanding of this law, I will define some of the
important terms of this law.
A child in this law is defined as a person under 18 years of age.
A Child in Conflict with the Law refers to a child who is accused of, alleged to have committed, or found
to have committed an offense or violation of the law
Juvenile Justice and Welfare System refers to the entire system that handles children at risk and children
in conflict with the law.
Diversion is an alternative process where a child in conflict with the law is redirected away from formal
court proceedings.
It seems that children who commit crimes are exempted from criminal liability because they are not
punished. Does this not encourage children to commit more crimes?
No Senator, that is contrary to the belief that it encourages crime, in fact it institutionalized a systematic
approach to prevent children from being in conflict with the law. Children who are found to have
committed offenses undergo intervention, diversion or rehabilitation, and reintegration programs. These
programs, if implemented, should prevent children from committing offenses in the future.
Aside from these reasons, we also have to protect the rights of a juvenile offender. And some of these
rights are:
a. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;
b. The right not to be deprived, unlawfully or arbitrarily of his/her liberty;
c. The right to be treated with humanity and respect;
d. The right to be imposed a judgment in proportion to the gravity of the offense taking into
consideration the child’s best interest, the rights of the victim, and the needs of the society.
This law is actually fair and just in treating our Filipino youth who have lost their way because of factors
they cannot really understand yet.