Name: Villaneza, Roland Louie C.

(1607-17) November 14, 2017

Republic Act No. 9344: A Legal Brief

Republic Act No. 9344, otherwise known as Juvenile Justice

and Welfare Act of 2006 ensures the rights and safety of children that
are involve in risks and conflicts in law. This act defined children as
persons below the age of 18. The criminal responsibility of a child
aging 15 years and below at the time of commission of the crime are
exempted from criminal liability. However, he or she shall be subject
to an intervention program provided by the Section 20 of the act. A
child aging from 15 years old but under 18 shall likewise be exempted
from criminal liability and be subject to intervention program.
However, the perpetrator will be subjected to a diversion program,
which can be found in the second chapter in case he or she acted
with discernment.
This act further classifies children into two- children at risk and
children in conflict with the law. Children at risk refers to those
children who are vulnerable in committing criminal offenses because
of external conditions such as poverty, family and personal problems
meanwhile children in conflict with the law or CICL refers to those
children who are accused of committing an offense punishable under
the Philippine laws.
The intention of the authors of this act is clear and simple. As
stated in the second section of the first chapter, the state shall create
measures that will protect the best interest of the child in accordance
with the international standards of child protection. Additionally, the
state recognizes the fundamental role of the child in nation building,
and shall endeavor to promote and protect their physical, moral,
spiritual, intellectual, and social well-being. Finally, in pursuance to
Article 40 of the United Nations Convention on the Rights of the
Child, the state recognizes the rights of the child accused or adjudged
be treated in a manner consistent with the promotion of child’s
dignity. It shall ensure that the manners children are dealt with are
centered to the child’s well- being.
 The Juvenile Justice and Welfare Act of 2006 indeed made
some improvements at the time of its application in the community.
Following the principle of reformation, children nationwide are given a
second chance to integrate themselves again with the community
with a new purpose in life. In return, this process of rehabilitation
additionally protects and secures the interest of the society.
However, the act also received a widespread criticisms and
violent reactions coming from lawyers, judges, prosecutors and even
child protection advocates. While the law secures and promotes the
child’s rights as an accused person in accordance to Article 40 of the
United Nations Convention on the Rights of the Child, it also
perpetrates other serious crimes such as drug smuggling, robbery
and other serious assaults. Criminal groups have found a way to
circumvent the law by recruiting young minors to do the dirty job for
them by offering their basic necessities such as food and shelter.
Furthermore, the rehabilitating a child is not a considered guarantee
that he or she will not commit the same crime again. In addition, as
observed by groups that advance the children’s rights, physical abuse
of the accused children are still happening while being held in police
stations.
Indeed, jailing and rehabilitating a child will not stop the
advancement of other crimes. These children are just the products of
external circumstances that are out of their control such as extreme
poverty and family problems. Chasing organized groups who use
children for their own interest also does not stop the crimes in the
country. Based from the studies gathered, the state must solve first
the problem of poverty in order to quell the problem of juvenile
delinquencies.