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BY GLENDA SOLOGASTOA
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Tuesday, March 28, 2017
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ILOILO City – Complaints filed against minors involved in criminal activities such as drug trafficking, especially those below 15 years old, may not prosper, according to the Department of Social Welfare and Development (DSWD) Region 6.
“Minors below 15 years old cannot be charged because they have no criminal liability,” stressed Rosario Sanagustin, social welfare officer of DSWD-6.
She cited Republic Act (RA) 9344 or the Juvenile Justice and Welfare Act of 2006 that set the minimum age of criminal responsibility to 15 years old.
“I think the complaints won’t prosper. But if the minor is 15 or older, pwede na ‘ya,” said Sanagustin. She was reacting to the Police Regional Office 6’s (PRO-6) plan to haul to court minors involved in illegal drugs.
Part of RA 10630 that amended RA 9344 reads: “A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings…”
Sanagustin said there’s a process to follow. Children in conflict with the law should undergo an intervention program in the presence of concerned agencies such the Municipal Social Welfare Office.
According to Superintendent Gilbert Gorero, PRO-6 spokesperson, it will be up to the prosecutor to appreciate the complaints that the police would file against erring minors they caught.
Iloilo City councilor Jeffrey Ganzon, on the other hand, said the Juvenile Justice and Welfare Act must be amended first.
“You can’t file a criminal complaint against a minor without legal basis. Dapat ma-amend ang law nga dapat ma-lower ang age (of criminal responsibility),” said Ganzon, chairperson of the committee on police, fire, penology, public safety, order and security, dangerous drugs and rehabilitation in the Sangguniang Panlungsod.
The councilor said he supports a proposal to lower the age of criminal responsibility to 12 years old.
There’s currently a pending bill (House Bill No. 2) in the Lower House proposing to lower the minimum age of criminal responsibility to nine years old.
“Ang opinion ko dapat 12 years, basta may discernment ang kabataan,” said Ganzon.
Section 33 of the Juvenile Justice and Welfare Act of 2006 as amended by RA 10630 provides for the preliminary investigation and filing of information against minors charged. It reads as follows:
“The prosecutor shall conduct a preliminary investigation in the following instances:
“(a) when the child in conflict with the law does not qualify for diversion;
“(b) when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and
“(c) when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law.
“Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney’s Office of such service, as well as the personal information, and place of detention of the child in conflict with the law.
“Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within 45 days from the start of the preliminary investigation. The information must allege that the child acted with discernment.”
Meanwhile, Sanagustin said parents should be held liable if their minor children get involved in crimes.
Parents have the responsibility to guide their children, she stressed./PN
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