We have received reports that these children are in fact used and supported by criminal syndicates that exploit minors. If true, then the PNP should go after the syndicates instead of simply pinning the blame on the minors and the Juvenile Justice Law.
The easiest thing to do is blame the law or the minors and in the process let these syndicates go scot-free. Is this their agenda? Absolve the criminal syndicates? If they eliminate these syndicates then there will be no minors involved in criminal activities run by syndicates.
Kasabwat ba ng ilang elemento ng PNP ang mga sindikato kaya ayaw nilang buwagin ang mga ito? May ‘cashunduan’ ba sa pagitan ng PNP at mga sindikato? Ayaw ko naman isipin na ang kaya lang ng PNP ay ‘yung mga bata o menor de edad.
Kung sino pa ang pinakadehado at inaabuso, ‘yun din ang pinag-iinitan ng PNP, ganun ba? Huwag naman sana ganun.
These minors are victims of exploitation and abuse by criminal syndicates and for the PNP to pin the blame on these minors and the law is to victimize these children all over again.
Buwagin ang mga sindikato at lalaho na ang mga batang hamog na pakawala ng mga sindikatong ito.
Showing posts with label Juvenile Justice Law. Show all posts
Showing posts with label Juvenile Justice Law. Show all posts
Wednesday, September 14, 2011
Give Juvenile Justice law a chance
We oppose the proposal to amend the Juvenile Justice law and bring the age of criminal liability back to nine years old. With all due respect to its proponent, reverting to the age of nine is a huge leap backwards in the campaign to uphold and defend the rights of children. In addition, the proposal ignores our country’s commitment to the UN Convention on the Rights of the Child.
The Philippines is a signatory to the UN Convention on the Rights of a Child, which, in Article 40 stipulates that “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
The law crafted in 2006 was based on research studies by child rights and child psychology experts. Can the same be said of the same proposal now being brought forth? I want to hear the explanation of the proponents, and am ready to debate the matter in plenary.
We reiterate our previous position that the problem is not the law but the failure of government to fund it and implement it. It has been hailed as a landmark piece of legislation that was for four years unfunded by the Arroyo administration.
When President Aquino took over in 2010 the council tasked to oversee its full implementation nationwide had no office of its own. It only had five employees and had no appointed executive director. The previous administration refused to fund the law despite repeated appeals by this representation in no less than three LEDAC meetings chaired by no less than former President Arroyo. She ignored our pleas.
No law can hope to be effectively implemented if it is not funded. With only five employees, no executive director, and no office of its own it had no chance of succeeding. It was only when PNoy took over that the intended amount of funds for the law was finally released.
We should give the law a chance to be implemented before we even go around to amending it.
The Philippines is a signatory to the UN Convention on the Rights of a Child, which, in Article 40 stipulates that “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
The law crafted in 2006 was based on research studies by child rights and child psychology experts. Can the same be said of the same proposal now being brought forth? I want to hear the explanation of the proponents, and am ready to debate the matter in plenary.
We reiterate our previous position that the problem is not the law but the failure of government to fund it and implement it. It has been hailed as a landmark piece of legislation that was for four years unfunded by the Arroyo administration.
When President Aquino took over in 2010 the council tasked to oversee its full implementation nationwide had no office of its own. It only had five employees and had no appointed executive director. The previous administration refused to fund the law despite repeated appeals by this representation in no less than three LEDAC meetings chaired by no less than former President Arroyo. She ignored our pleas.
No law can hope to be effectively implemented if it is not funded. With only five employees, no executive director, and no office of its own it had no chance of succeeding. It was only when PNoy took over that the intended amount of funds for the law was finally released.
We should give the law a chance to be implemented before we even go around to amending it.
Tuesday, September 13, 2011
Critics of JJ Law are barking up the wrong tree
Those frustrated by the proliferation of crimes committed by so-called ‘hamog boys’ are barking up the wrong tree in blaming RA 9344, or Juvenile Justice Law.
We don’t understand the argument that RA 9344 is to blame for all these crimes. Unang-una, hindi naman dapat pakawalan ang mga batang ito pag nahuli. Kailangan pa rin nilang managot sa kanilang ginawa. Ang RA 9344 ay isang hiwalay na justice system na isinagawa para sa mga kabataang delingkwente. Maliwanag iyan. At di rin natin maintindihan ang argumentong nahihirapan ang mga pulis makakuha ng mga impormasyon mula sa mga kabataan para matumpok ang mga sindikato sa likod ng mga krimeng ito dahil sa RA 9344. Hindi naman siguro ganun ka-inutil ang ating kapulisan na kung hindi makuha ang impormasyon sa kabataan e titigil na sa pagpursigi sa kaso.
While I can sympathize with the victims, there is fundamental lack in the implementation of laws in the country, and that is where the focus ought to be.
Meron tayong mga batas na nagsasaad halimbawa na bawal pakalat-kalat ang mga aso at dapat nakatali ang mga ito para maiwasan ang rabies. Pero nakikita natin pakalat-kalat pa rin ang mga ito. Mali ba ang batas? Mali din ba ang batas na nagsasaad na bawal ang mga pedicab sa malalaking lansangan gayong nagkalat pa rin ang mga ito doon? Palagay ko ang dapat tutukan ng ating pamahalaan ay ang tamang pagpapatupad ng batas bago pa man magpanukala ng anupamang mga pagbabago gayong wala pa naman tayong basehan kung epektibo ba ito o hindi.
We don’t understand the argument that RA 9344 is to blame for all these crimes. Unang-una, hindi naman dapat pakawalan ang mga batang ito pag nahuli. Kailangan pa rin nilang managot sa kanilang ginawa. Ang RA 9344 ay isang hiwalay na justice system na isinagawa para sa mga kabataang delingkwente. Maliwanag iyan. At di rin natin maintindihan ang argumentong nahihirapan ang mga pulis makakuha ng mga impormasyon mula sa mga kabataan para matumpok ang mga sindikato sa likod ng mga krimeng ito dahil sa RA 9344. Hindi naman siguro ganun ka-inutil ang ating kapulisan na kung hindi makuha ang impormasyon sa kabataan e titigil na sa pagpursigi sa kaso.
While I can sympathize with the victims, there is fundamental lack in the implementation of laws in the country, and that is where the focus ought to be.
Meron tayong mga batas na nagsasaad halimbawa na bawal pakalat-kalat ang mga aso at dapat nakatali ang mga ito para maiwasan ang rabies. Pero nakikita natin pakalat-kalat pa rin ang mga ito. Mali ba ang batas? Mali din ba ang batas na nagsasaad na bawal ang mga pedicab sa malalaking lansangan gayong nagkalat pa rin ang mga ito doon? Palagay ko ang dapat tutukan ng ating pamahalaan ay ang tamang pagpapatupad ng batas bago pa man magpanukala ng anupamang mga pagbabago gayong wala pa naman tayong basehan kung epektibo ba ito o hindi.
Tuesday, February 15, 2011
We welcome the release of P50M for proper implementation of Juvenile Justice Law
We laud the administration’s release of P50 million which will be used by the Department of Social Welfare and Development (DSWD) to properly implement the Juvenile Justice Law.
We thank PNoy, DBM Secretary Butch Abad, DOJ Secretary Leila De Lima, and DSWD Secretary Dinky Soliman in expediting the release of this fund. We now encourage all stakeholders to join in on the efforts of implementing the JJ Law in the correct manner, as well as beef up efforts in informing the public about the full intention and rationale of the law.
RA 9344 was passed as a law in 2006 to segregate children in conflict with the law from hardened criminals doing hard time in prison. Many police officials, however, are using the law as an excuse for sloppy police work.
It would seem that our police officials are not too aware of the measures that the law provides to ensure that something is done to protect the children, make them account for their acts, and ensure that justice is done in a child-appropriate process.
Under the law, children 15 years old and above who commit offenses with an imposable penalty of more than six years and who have been determined to have acted with discernment should undergo court proceedings. When brought to court, these children may be placed under suspended sentence and be subject to rehabilitation programs.
The law provides for an annual budget of P50 million pesos a year or P150 million for three years since its passing in 2006. The funds were never released during the term of PGMA.
When the new government took over, the Juvenile Justice Council had only five employees and did not have an office of its own. The previous administration funded projects of their allies to the tune of billions of pesos, yet refused to fund the law that created the Juvenile Justice system.
We are hoping that the recent release of P50 million pesos by the Aquino administration will be used for the proper training and implementation as well as information dissemination to the PNP and the general public.
Image Source: Divergent's Blog
We thank PNoy, DBM Secretary Butch Abad, DOJ Secretary Leila De Lima, and DSWD Secretary Dinky Soliman in expediting the release of this fund. We now encourage all stakeholders to join in on the efforts of implementing the JJ Law in the correct manner, as well as beef up efforts in informing the public about the full intention and rationale of the law.
RA 9344 was passed as a law in 2006 to segregate children in conflict with the law from hardened criminals doing hard time in prison. Many police officials, however, are using the law as an excuse for sloppy police work.
It would seem that our police officials are not too aware of the measures that the law provides to ensure that something is done to protect the children, make them account for their acts, and ensure that justice is done in a child-appropriate process.
Under the law, children 15 years old and above who commit offenses with an imposable penalty of more than six years and who have been determined to have acted with discernment should undergo court proceedings. When brought to court, these children may be placed under suspended sentence and be subject to rehabilitation programs.
The law provides for an annual budget of P50 million pesos a year or P150 million for three years since its passing in 2006. The funds were never released during the term of PGMA.
When the new government took over, the Juvenile Justice Council had only five employees and did not have an office of its own. The previous administration funded projects of their allies to the tune of billions of pesos, yet refused to fund the law that created the Juvenile Justice system.
We are hoping that the recent release of P50 million pesos by the Aquino administration will be used for the proper training and implementation as well as information dissemination to the PNP and the general public.
Image Source: Divergent's Blog
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