Youth In Conflict With The Law Deserve Better Chance

by ERNESTO T. SOLIDUM

Children in conflict with the law is covered by RA 9344 or Juvenile Justice and Welfare Act of 2006. As such criminal liability is raised from previous 9 years under the old statute to 15 years old providing ample rehabilitation measures and restoration to the victims. Speaker is Atty. Eric Henry Joseph E. Mallonga, Board member MTRCB and Consultant of Bantay Bata 13 before a crowd of 300 students, PNP, DSWD, and mediamen at the CSQ Gymnasium, Northwestern Visayan Colleges, Kalibo on July 29, 2011.

Mallonga advised law enforcement agencies particularly PNP and DOJ personnel not to harass, stigmatize and alienate youthful offenders since they may bear the emotional and physical trauma for life. If a minor is committed to a prison cell with hardened adults, everything fowl happens like being tattooed, sodomized or tortured to death. In short a living hell.

Rather than subjecting them to stigma and abuse, LGU’s must establish rehabilitation Centers for youth where intervention measures may consist of sports, livelihood and creative arts programs. This can be strengthened by integration of school, church, and home in uplifting their welfare said Atty. Mallonga.

Under the correction process, the PNP after taking custody of the youthful offender call the parents/guardian and DSWD Social Worker to determine whether the child acted with discernment. If evaluation proves positive, the offender is committed to a rehabilitation center. Consequently after the counselling, both the offender and victim opt for peaceful resolution of the case.

RA 9344 stipulates that one (1) percent of the total budget must be earmarked for youth rehabilitation. In 2008, a total of P43 billion was available for disposal by LGU’s in the country. Unfortunately, the law was never implemented in earnest despite its initial funding of P50 million.

Nevertheless, PD 603 mandates LGU’s to rehabilitate youth offenders. The passage of Aklan’s Children Code presently benefits only 25 children for Balik Escuela program. Administered by Provincial Social Workers, each one is given food, transport and personal allowance. This may drastically change with Gov. Carlito S. Marquez’ pledge to commit adequate funding for the planned Aklan Rehabilitation Center. It is never too late to make restitutions.

Atty. Mallonga passionately appeals for love, protection and understanding toward our wayward youth. After all, offenses are just petty crimes and culprits curiously yellow with drugs, sex and hooliganism. As part of growing up, there is no permanence because the thrill rapidly wears off. He has high praise for Quezon City’s youth rehabilitation and New Zealand’s unwavering love of children when the latter raised its criminal liability age to 25.

Youth program in the US appears to be sensible since NGO’s supported by the church, professionals and businessmen manage pro-active work program designed to channel excess energy of youngsters into productive endeavors. Favorite mainstays are hip hop dance competition, music and painting lessons and usual basketball held all day long until evening where youths tend to be very active.

Obviously, these noteworthy intervention programs that could be adopted by a compassionate society mindful of its biggest resource – the youth, he concluded. /MP