Kiko defends Juvenile Justice Act: Jail the syndicates, not the children

Vice presidential aspirant and Senator Francis "Kiko" Pangilinan has defended Republic Act 9344 or the Juvenile Justice and Welfare Act, saying law enforcers should jail syndicates and not the children who are in conflict with the law.

In an episode of The Mangahas Interviews Special Election Series, Pangilinan, one of the principal authors of the law, explained that the government did not prioritize the funding for the law that resulted in its poor implementation.

“Sa totoo lang, ang sinasabi kasi nila ginagamit daw ng sindikato. Eh ‘di habulin ang sindikato, hindi ba? Bakit ang hinahabol ‘yung bata?” he said.

(They were saying that the law is being used by the syndicates. Then, why are we not chasing the syndicates? Why are we seeking accountability from the children?)

“’Yung sindikato ang nasa likod na gumagamit at kinukunsinti o di kaya ginagamit itong mga kabataan. Wala namang tapang ang mga kabataan na ‘yan kung walang mga sindikato na sumsuporta sa kanila,” he pointed out.

(The syndicates are the ones using these children. These young ones won't have the courage to commit crimes if they were not supported by these syndicates.)

In 2018, President Rodrigo Duterte criticized Pangilinan for pushing for the enactment of the law, calling him the “most stupid” lawyer.

The president, a lawyer himself, said he was appalled by a law that allows young criminals to run free regardless of the gravity of the offense.

Pangilinan, in defending the law, said members of criminal syndicates should be the ones put to jail and not the young offenders.

Pangilinan also pointed out connivance between the criminal syndicates and corrupt law enforcers.

“Ginagamit ng mga sindikato at kasabwat ng mga corrupt na pulis itong batas na ito. Sinasabi kulang, etcetera. Habulin ‘yung mga sindikato, wala nang mang-aabuso at ikakasangkapan ang mga bata,” he added.

(The syndicates, together with the corrupt police officers, are using this law. They should hold the syndicates accountable so that these children will no longer be abused.)

The lawmaker highlighted the need for the full implementation of the law, emphasizing that more children are becoming victims of exploitation by criminal groups.

In the same interview, Pangilinan expressed his opposition to proposals to lower the minimum age of criminal liability.

“Tayo ay salungat doon. Ipakukulong mo ang Grade 3 [student]? Mukha lang magandang pakinggan. Kunwaring kamay na bakal pero nakita naman natin itong kamay na bakal, limang taon na. Nasaan na tayo ngayon?" he asked.

(We oppose that. Do you really want to put a Grade 3 student behind bars? It just sounds good. It appears that they rule the nation with an iron fist but what does this iron fist did to this country? It has been five years, but did we go anywhere with that iron fist?)

“Hindi kamay na bakal ang solusyon sa mga problema natin. Kailangan i-enforce lang nang tama ang batas at bigyan ng prayoridad ang full implementation ng batas,” he added.

(An iron fist is not the solution to our problems. We need to enforce the law properly and give priority to the full implementation of the laws.)

Under the Juvenile Justice and Welfare Act of 2006, a child aging 15 years old or under at the time when he committed a crime shall be exempt from criminal liability but subject to interventions as provided by Section 20 of the same law.

In 2019, some lawmakers in the House of Representatives pushed for a measure that sought to lower the minimum age of criminal liability.

Under the bill, a child nine years old and below at the time of the commission of offense would be exempted from criminal liability, while those above nine years old but under 18 years old would be exempted from criminal liability unless the minor acted with discernment. —KBK, GMA News