Setting priorities

LET'S put it this way. Either way, it really won't matter, will it? Even if the National Government does push through with its plan to lower the age of criminal responsibility from 15 to nine years old, the fact is there are no facilities to detain minors who are involved in crimes.

If there are, these are few and far between and both are in Cebu City.

I don't know if it was a slip of the tongue on the part of Maria Evelyn Macapobre, Department of Social Welfare and Development ( DSWD) 7 director, but the truth is out there.

So I guess all those young delinquents the authorities had “rescued” throughout the years were just for show.

What I mean is, they must have been released immediately, or they were kept with hardened criminals or those awaiting trial who couldn't post bail. Which is what the law has been trying to avoid in the first place.

Republic Act (RA) 9344, or the Juvenile Justice and Welfare Act of 2006, is very clear about that. “No child shall be detained together with adult offenders,” it says.

But doesn't the law require the establishment of a Youth Detention Home?

It's supposed to be a “24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.”

Cebu City has the Parian Drop-in Center, but this was founded 25 years ago by Margarita Osmeña, who is the wife of Mayor Tomas Osmeña. She is also the brains behind the Cebu City Task Force on Street Children, which is the partner of the Children of Cebu Foundation Inc. in operating the center.

Anyway, I don't think the facility is big enough to accommodate all the minors who find themselves in conflict with the law.

RA 9344 also requires the establishment of a Youth Rehabilitation Center, which “refers to a 24-hour residential care facility managed by the DSWD, LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.”

Macapobre can use the excuse that these function have already been devolved to the LGUs and that their role is merely to monitor the minors who are detained in such facilities.

Her office also can't fault an LGU that fails to establish one, especially if it cites lack of funds, which is mostly the case.

It's a good thing Cebu City operates Operation Second Chance in Barangay Kalunasan, but the facility is serving beyond its capacity. Last month, the mayor announced that it would only accept minor offenders from Cebu City, starting in January.

That's why I understand the plight of Macapobre and her colleague Hazel Dinah Miel. Instead of lowering the age of criminal liability, the national government should first implement RA 9344 to its fullest capability.