Saturday, October 11, 2008

EDITORIAL


Child In Conflict With The Law
RA 9344 Is Unjust
Kapehan Sa Kalibo, a weekly tri-media program held every Saturday morning discussed the matter of the "child in conflict with the law" last October 4.
The executive committee has invited Hon. Daisy Sucro Briones of the Aklan Sangguniang Panlalawigan; Atty. Estrella Mijares Briones; PSUPT. Larry Decena of the PNP Aklan, Ms. Elma S. Malbas of Provincial Social Welfare Office; Atty. Apolinar C. Barrios, provincial prosecutor of Aklan.
The Kapehan committee sincerely thanked those who honored our invitation for last October 4 Kapehan. Our discussion was so fruitful. While it was educational and entertaining, it was also instructional.
Thank you to PSUPT. Larry Decena, OIC Provincial Director, PNP Aklan for personally attending the Kapehan. He provided much information about child in conflict with law (CICL) as provided for in RA 9344. According to Decena, minors up to 15 years old who committed a crime is absolutely free from any criminal liability. This RA 9344 was approved on the basis of International Convention On The Welfare of Children.
The Kapehan committee is highly indebted to Atty. Apolinar C. Barrios. He thoroughly discussed before the Kapehan audiences the provisions of RA 9344. He cited several examples where crimes were committed but the five pillars of justice has done nothing to the culprits because of the prohibitions provided for in RA 9344.
According to Barrios, almost all robbery cases in Aklan was perpetrated by minors, those below 17 years old. The best thing the police did was indorsed them to the Dept. of Social Welfare and Development for rehabilitation.
According to Barrios, it is enough for a minor to escape responsibility of a certain crime by alleging he did not know he committed a crime.
Ms. Cecilia Paz, a DSWD Regional staff attended for Ms. Elma S. Malbas. It was a Saturday, and Ms. Malbas maybe busy doing private chores. Ms. Paz has a back-up in the person of Ms. Ana Paloma.
According to Paz and Paloma, the crimes committed by CICL was due to poverty. Indeed, the statement was anti–poor. It is an indictment against the poor. Are the wealthy saints incapable to commit crimes? Asked if Ms. Paz has any data to show only the child, CICL, belonging to the poor have committed crimes, she answered none. Ms. Paz has no records of minors involved in criminality according to family income level.
Ms. Paz suggested to go to the PNP for more information about CICL for the social welfare department does not have ample information. What a referral and ball passing too!
Kapehan has also invited Atty. Estrella Mijares Briones, a very competent legal practitioner in Aklan and considered highly knowledgeable on the subject. However, maybe she forgot the invitation for she was not able to make it last Saturday.
Hon. Sheila Martelino Cortez, executive judge, Regional Trial Court, Kalibo, Aklan begged off from attending the Kapehan. She sent her secretary to inform the committee of her regret for her inability to participate for she has prior commitment to attend to on October 4.
Mr. Lito Motus, one of Kapehan’s avid listeners whom we consider a critical analyst of things happenings in Aklan cited several incidents committed by minors which the victims suffered injustices. Motus cited the operations of the: 1. Batan/Balete/Altavas Akyat Bahay Gang, 2. Kuryente Boys, and 3. Parent Driven Child Caught of Stealing.
Actually, RA 9344 was approved into law without any in dept study especially of its outcome. It was approved into law in response to a Philippine commitment on the International Convention for the Welfare of Children. How about the welfare of adults and the community? RA 9344 needs a restudy with a view to amend it to promote equality before the law and justice for all. /MP

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