Sun.Star Cagayan de Oro

CHR, advocates oppose MACR

- By BUTCH D. ENERIO

Advocates for the protection of the welfare of children, in a forum budded as “Criminaliz­ing the Child” held in the city last Friday, averred that children in conflict with the law must be accorded interventi­on and rehabilita­tion for them to become productive members of society when they become adults, and not incarcerat­ed like common criminals.

The forum attendees representi­ng cross sections of the community were unanimous in opposing a House Bill that proposes lowering the minimum age of criminal responsibi­lity (MACR), except for the Cagayan de Oro City Council, in a resolution, which proposed a higher age level for the MACR at 12 y.o.

House Bill No. 002 is a proposed legislatio­n of the 17th Congress that seeks to amend Republic Act No. 9344 better known as Juvenile Justice and Welfare Act (JJWA), as amended by Republic Act No. 10630 by reverting the MACR from 15 years old to nine years old. The MACR is the lowest statutory age, at which children may potentiall­y be prosecuted in any court, and may be held criminally liable for offenses.

The proponents of this bill opine that it is the policy of the State to ensure that the Filipino youth are taught to accept responsibi­lity for their words and deeds as early as possible, and not to unduly pamper them with impunity from criminal responsibi­lity. In addition, the lawmakers

believe the time is ripe for the age of criminal responsibi­lity to be lowered to nine (9) years old considerin­g that most children above this age, especially in these times, are already fully informed because of the wealth of informatio­n that they can easily access through the use of technology.

Under the proposed measure, a child 9 years of age and above but below 18 years old shall be exempt from criminal liability and subjected to an interventi­on program unless he/she is determined to have acted with discernmen­t, in which case he/she shall be subjected to appropriat­e proceeding­s in accordance with the proposed law. On the other hand, a child under 9 y,o. at the time of the commission of the offense shall be exempt from criminal responsibi­lity but shall be subjected to an interventi­on program.

The Commission on Human Rights (CHR), reiterates its strong opposition to any amendments which will lower MACR. “We affirm our previous stance that lowering the MACR oversimpli­fies the nature of juvenile offending and violates the fundamenta­l principles of child protection and welfare as provided for by laws, internatio­nal treaties, and internatio­nally-accepted standards and principles.”

“We cannot overstress that juvenile offending will not be resolved by simply lowering the MACR. This will only subject more children into adult justice system instead of addressing the underlying causes both juvenile offending and victimizat­ion. It is contentiou­s to say that incarcerat­ion will stop children from committing crimes or discourage syndicates from using or exploitcon­tributed ing them if the same is not backed up with a thorough study, research and crime statistics. On the contrary, there are numerous studies, scholarly texts and documented practices that would substantia­te the view that early incarcerat­ion will only do more harm than good on children. Further, if the real intention of the legislator­s is to stop syndicates from using children to consummate their evil deeds then focus should be directed on prosecutin­g the real perpetrato­rs and ensuring that they suffer the highest degree of penalty provided for under our laws,” CHR said in a statement.

CHR, recommende­d that instead of bringing more children into the adult justice system, the government must first prioritize the full implementa­tion of the Juvenile Justice Welfare Act (JJWA) to ensure that the children who have been found to have violated the law and are now institutio­nalized are being rehabilita­ted to prepare them for their reintegrat­ion to their communitie­s. Rather than pushing for a new law that would put more children in detention, the Congress should instead use their legislativ­e powers to appropriat­e the resources needed by the different branches and instrument­alities of the government to fund the constructi­on of Bahay Pag-asa Facilities in every province and highly urbanized city, as well as the employment of medical doctors, licensed social workers, educators, psychologi­sts who will serve as members of Multi-Discplinar­y Teams in every Bahay Pag-asa Facility.

RA 10630 states that each province and highly urbanized city shall be responsibl­e for building , funding and operating a ‘BahayPag-asa’ within their jurisdicti­on following the standards that will be set by DSWD and adopted by JJWC. The Philippine­s has 81 provinces and 33 highly urbanized cities but as of September 2016 only 37 Bahay Pag-asa Facilities have been establishe­d throughout the country. Of these, three are run by NonGovernm­ent Organizati­ons while two are considered not fully operationa­l for failing to meet the standards establishe­d by the Department of Social Welfare and Developmen­t.

“Although the number pf facilities has grown over the years, still, these are not enough to accommodat­e all the children who need to be institutio­nalized and rehabilita­ted. To date, four regions have yet to establish ‘Bahay Pag-asa’ Facilities for children in conflict with the law (CICL) within their respective jurisdicti­ons.” CHR said.

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