PEACE AND JUSTICE FOR THE WELFARE OF THE YOUTH
BY: GIL PAULO B. GOMEZ
THE JUVENILE JUSTICE SYSTEM OF THE PHILIPPINES
The State recognizes the vital role of children and youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.
Being a youth representative and advocate of peace and justice, I proposed
that:
AMMENDMENT OF THE JUVENILE JUSTICE SYSTEM OF THE
PHILIPPINES
1. Legislatures should amend provision as regards to the Court proceedings.
There should be a distinguish court only for minors in conflicts with the law.
2. To enhance the facility for rehabilitation program for the minors in conflicts
with the law, since minors are considered victims and not aggressors.
3. Even as this law attempts to help society get rid of minors who are in
conflict with the law, this statute still suffered from controversies from both
the people and government officials because of the negative impact of
imprisonment to children and to society in terms of criminality rate.
4. Juveniles should not be tried as adults – Minors cannot be tried in the
same manner as adults, children committed crimes at their young age should
not be treated as criminals like adults.
5. The legislatures should look the mental ability of the children in conflicts
with the law as regards to the normal mentality of adults.
6. It is the duty of the state to protect the interest of the minors and should
be treated differently.
JUVENILE JUSTICE LAW – RESTORATIVE JUSTICE
1. It should resolve conflicts with the maximum involvement of the victim,
the offender and the community. It should offer reparation for the victim,
reconciliation of the offender.
2. Reassure to the offender that he or she could be reintegrated with the
community, in that way is the community’s sense of safety – restored
(PEACE)
3. Reparation and Reconciliation is entirely in line with our social and
philosophical belief that children should be reintegrated in the community
and not just on punitive incarceration that destroys all hope for the future.
RIGHT TO HAVE EDUCATION
1. Minors should be given the opportunity to have education. The community
and other government agencies and departments, non-government
organizations shall provide enough information and guidance and shall
provide individual educational programs.
2. Minors should be provided with the opportunity to study in an environment
similar to a normal school.
THE DUTY OF THE GOVERNMENT AND GOVERNMENT AGENCIES AS
REGARDS TO THE MINOR IN CONFLICT WITH THE LAW
1. The Government of this country has the obligation to show the world its
role as a true protector of human rights. A constructive social policy for all
young people will help in the prevention of juvenile delinquency with
emphasis on free education. Many who are abandoned, neglected, abused,
exposed to drug abuse are in marginal circumstances and are in general at
social risk. Those should have the immediate attention of the authorities and
NGOs.
2. The implementation of this statute, specifically Sec. 6. Minimum Age of
Criminal Responsibility. - A child fifteen (15) years of age or under at the
time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant
to Section 20 of this Act. Should not be amended. Unless he/she has acted
with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with the statute.
3. The minors are easy target of the law, Children are the small fish what
the government should do is to go after the big fish (the corrupt big
syndicates and the children’s right violators)
When the legal and effective remedies(justice) has been served: the nation
will start to regenerate and heal itself, peace is on its process, stability,
human rights and effective governance will lead to a sustainable
development.
