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Thursday, July 24, 2014

How old are the "children in conflict with the law" at a Bahay Pag-asa Youth Center?



According to Republic Act (RA) 10630, a Bahay Pag-asa Youth Center (as the government now calls any such facility) provides services to teenagers from 15 to 17 years of age.

‘Bahay Pag-asa’ – refers to a 24-hour child-caring institution established, funded and managed by local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are above fifteen (15) but below eighteen (18) years of age who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

The residents of Bahay Pag-asa Dasmarinas fit this description.  However, if you visit Bahay Pag-asa Bacolod, you will see younger residents, more aptly described as "children in conflict with the law."  RA 10630 actually allows for this.

“SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

“If the child has been found by the local social welfare and development officer to be dependent, abandoned, neglected or abused by his/her parents and the best interest of the child requires that he/she be placed in a youth care facility or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child: Provided, That if the child has no parents or guardians or if they refuse or fail to execute the written authorization for voluntary commitment, the proper petition for involuntary commitment shall be immediately filed by the DSWD or the Local Social Welfare and Development Office (LSWDO) pursuant to Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’ and the Supreme Court rule on commitment of children: Provided, further, That the minimum age for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old.”
“SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal Responsibility. – A child who is above twelve (12) years of age up to fifteen (15) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).
This modification to the existing juvenile justice reform act (RA 9344) addresses the problem of children from 12 and 14 who, if returned home, are likely to continue being involved in criminal activities because of influences of family, friends or even crime syndicates.  It also provides an option for children charged with "rape" who may be at risk of attack if they remain in their village or neighborhood.



At the other end of the age spectrum, we also have residents who are over the age of 18 - some as old as 21 years.  (All of these residents entered the program at ages below 18 - the normal age of criminal responsibility.) This is because their court cases have not been entirely resolved and the alternative facility for them would be an adult jail or prison.  That option would be destructive of the entire rehabilitation process and is clearly one that we hope to avoid.  By the age of 21, the cases are always resolved and residents who reach this age either return home, continue as college students with some help for room and board, or find employment and begin living on their own.

Interestingly, there are cases presented to us in which the young person is 18 years of age, but is facing jail because of an alleged crime committed when they were below 18.  Some young people in this situation are also in danger of revenge from people in their towns.  The Bahay Pag-asa staff members are looking at these issues and working on policies involving these candidates for the program.

So, as you can see, no matter how carefully one defines a particular program such as a Bahay Pag-asa, cases will arise which cause one to re-evaluate admission policies in light of human needs, the safety of young people in conflict with the law, and the demands of the Gospel.

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