The State recognizes the vital role of the youth in promoting national development and civic welfare. Accordingly, it is the State’s obligation to protect the youth from any kind of exploitation, violence, forced labor and any other activity that has the effect of corrupting the innocence of the youth. It is, likewise, the duty of the State to install rehabilitation programs and reintegration measures of any child in conflict with the law. Thus, it led to the promulgation of Republic Act no. 9344 or otherwise known as “The Juvenile Justice and Welfare Act of 2006”.
One of the salient features of Republic Act no. 9344 provides for the minimum age of criminal liability, where it raised the age of a child exempt from criminal liability from 9 to 15 years of age. In other words, any person under 15 years of age shall be exempt from any criminal liability, regardless if he acted with discernment or not. However, a child in conflict with the law shall be committed before the DSWD to undergo an intervention program. This is a pure example of a positivist school of thought wherein it views that a criminal is a sick man who needs reformation and cure instead of punishment.
The law’s intention of protecting and reforming the life of the youth offenders has failed to achieve its purpose, since juvenile delinquents continue to flourish. The law has now been an excuse for every juvenile delinquent to perpetuate the commission of offense in the society with the sight of impunity from arrest and prosecution. Worst, it provided an avenue for the criminal syndicates to use the innocent children in furthering their evil design in utter disregard of the child’s sense of dignity and worth. Republic Act no. 9344 must be reconsidered to attain the State’s goal of protecting the youth; otherwise, the Philippines will become a haven for young criminals.
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