The Juvenile Justice and Welfare Act of 2006
The Philippines passed the Juvenile Justice and Welfare Act of 2006 to ensure the protection and safety of juveniles that commit crimes. Before the act was implemented, children 9 years and older who were arrested waited in jail until sentencing. Because jail cells that held juvenile offenders also held adult offenders, lawmakers were concerned about the safety of children in jail.
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Definitions
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According to BATAsnatin.com, the Juvenile Justice and Welfare Act contain 3 significant provisions. A person under the age of 18 years old is defined as a child, but for purposes of crimes such as child abuse and trafficking of persons, children older than 18 who are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition are also considered a "child." The minimum age of criminal responsibility is 15 years of age or older at the time of the crime. The accused child is exempt from criminal liability but subject to an intervention program.
Synopsis Of The Act
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When a juvenile in custody is under the age of 15, the juvenile is released to the parents, guardian or closest relative. The intention of the act is to avoid placing the juvenile in the jail system. The juvenile faces a diversion system that provides punishment for the offense, including counseling, court-ordered activities or education to address the child's needs.
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Controversy
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The Juvenile Justice and Welfare Act is controversial to this day. According to Ground Report, concern arises because the Philippines contain large numbers of delinquent juveniles. Those opposed to the Act contend that because drug offenses and heinous crimes would receive less punishment for those under 15, crimes would increase in this young population.
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