Defensor urges stronger juvenile justice law enforcement

By Mariela Angella Oladive

ILOILO CITY — Third District Rep. Lorenz Defensor called for stronger implementation of the country’s juvenile justice law instead of changing the age of criminal responsibility following recent shooting incidents involving students in schools.

Defensor said the country already has a legal framework that distinguishes how children involved in offenses should be dealt with based on their age and discernment.

Under Republic Act 9344, or the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act 10630, children 15 years old or younger at the time of an offense are exempt from criminal liability but remain subject to intervention programs.

Children older than 15 but younger than 18 are likewise generally exempt from criminal liability unless they acted with discernment, in which case they are subject to appropriate proceedings under the law. For children in the latter category, the law also provides for diversion in certain circumstances rather than automatically sending them through regular court proceedings. Diversion may include mediation, family conferencing, conciliation, restitution, and other rehabilitation measures, depending on the offense and the stage of the proceedings.

“We cannot change the law every time something happens that we were not prepared for,” Defensor said.

Lowering the age, he argued, could lead to cases in which children are jailed while parents and institutions that failed to properly guide or supervise them escape accountability.

Defensor stressed that parents and schools must understand and fulfill their responsibilities toward children and students.

Beyond parental and school responsibility, Defensor said the government must also address gaps in implementing existing laws.

“In my seven years in Congress, we have passed many good laws, but we are seriously lacking in implementation and political will to enforce them,” he stressed.

He maintained that the government should study how the existing juvenile justice system is being implemented and identify where interventions are falling short before pursuing legislative changes.

Republic Act 10630 strengthened the juvenile justice framework by expanding the role of the Juvenile Justice and Welfare Council, which is tasked with coordinating government agencies involved in implementing intervention, diversion, rehabilitation, and reintegration programs for children in conflict with the law.

“We should not change the law because of just one or two incidents,” he said.