FOREWORD
Before R.A. No. 9344 was enacted, children at risk and CICL
were treated much like adult offenders as when former President
Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization Act
1980 which abolished the juvenile and domestic relations courts. As such
child offenders were subjected to the same adversarial proceedings as
their adult counterparts.
As an offshoot of the United Nations Convention on the Rights of
the Child (UNCRC), the R.A. No. 9344 intends to deal with these
children without resorting to judicial proceedings. Instead of punishing
juvenile offenders and treating them as criminals, these child offenders
will be provided by the State and the community with assistance to
prevent them from committing future offenses.
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act”
defines the Juvenile Justice and Welfare System as a system dealing with
children at risk and children in conflict with the law, which provides
child-appropriate proceedings, including programmes and services for
prevention, diversion, rehabilitation, re-integration and aftercare to ensure
their normal growth and development. Instead of using the word
“juvenile”, Philippine laws made use of the word “child”.
As defined in R.A. No. 9344, “Child” is a person under the age of
eighteen (18) years. While “Child at Risk” refers to a child who is
vulnerable to and at the risk of committing criminal offences because of
personal, family and social circumstances. Some of the examples
mentioned in the law are: being abandoned or neglected, and living in a
community with a high level of criminality or drug abuse.
“Child in Conflict with the Law” or CICL on the other hand
refers to a child who is alleged as, accused of, or adjudged as, having
committed an offence under Philippine laws.
Hence, this Comprehensive Barangay Juvenile Intervention
Program was developed for the purpose of moving Barangay Gulod
toward a more child-sensitive and child-friendly zone believing the quote
of Philippine National Hero Dr. Jose Rizal that the youth is the hope of
our nation. This CBJIP was crafted to describe the interventions to be
conducted to help our communities make a difference in the fight to
prevent juvenile delinquency. This is not a magic solution to end juvenile
crime rate but is an attempt to provide a comprehensive plan which
consists of prevention, to intervention and treatment activities.
Although we are proud of our many accomplishments, much work
remains. We must continue to help communities coordinate programs and
resources and provide a continuum of care for their young people.
Everyone -- individuals, community leaders, law enforcement, social
services agencies, parents, educators -- must work together to protect our
children from victimization and our Nation from delinquent and violent
juvenile offenders.
Even though there are no quick fixes, I believe that this CBJIP is
a step in the right direction and have the potential to make a tremendous
impact pursuant to Articles 37 and 40 of the convention on the rights of
the child (1989), which states that children in conflict with the law have
the right to treatment that promotes their sense of dignity and worth,
takes into account their age and aims at their reintegration into
society.