EXPLAINER: What is Bahay Pag-asa and how does it work?

The Philippine National Police has recently filed a complaint against the 15-year-old suspect in the deadly shooting incident at a school in Tacloban City.

Meanwhile, the 14-year-old suspect will undergo an intervention program, as mandated by law.

On June 24, the Department of Social Welfare and Development (DSWD) said the two minors are now under its custody.

Bahay Pag-asa, or a rehabilitation center for the youth, serves as a facility for children in conflict with the law (CICL), where they undergo proper intervention.

So what is Bahay Pag-asa and how does it work?

Under Republic Act No. 9344, also known as the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630, Bahay Pag-asa is a 24-hour child-caring institution established, funded, and managed by local government units (LGUs) and licensed or accredited non-government organizations (NGOs).

It provides temporary residential care for CICL who are 15 to 17 years old, while awaiting the court’s decision on their case or their transfer to another agency or jurisdiction.

It is managed by a multi-disciplinary team composed of a social worker, psychologist or mental health professional, medical doctor, educational or guidance counselor, and a representative from the Barangay Council for the Protection of Children, who create an intervention plan for each child and their family.

Every province and highly urbanized city is responsible for establishing, funding, and operating a Bahay Pag-asa facility within its jurisdiction, in accordance with the standards set by the DSWD and the Juvenile Justice and Welfare Council (JJWC).

Each Bahay Pag-asa also has an Intensive Juvenile Intervention and Support Center (IJISC), a specialized facility for CICL who require in-depth, multi-disciplinary intervention programs.

When a child in custody is determined to be 15 years old or younger, they must be immediately returned to the care of their parents, guardian, or closest relative, while also undergoing a community-based intervention program.

Children may also be referred to a youth care facility or Bahay Pag-asa.

If they are found to be dependent, abandoned, neglected, or abused, they may be placed in the facility through voluntary commitment by their parents or guardian.

If the parents or guardian are unavailable or refuse to give consent, the DSWD or Local Social Welfare and Development Office (LSWDO) may file a petition for involuntary commitment.

Children must be at least 12 years old to be placed in a Bahay Pag-asa or youth care facility.

Meanwhile, children aged 12 to 15 years old who are involved in serious crimes, such as parricide, murder, kidnapping, robbery with homicide or rape, destructive arson, rape, carnapping resulting in death or rape, and certain violations of the Comprehensive Dangerous Drugs Act punishable by more than 12 years of imprisonment, are considered neglected children and are required to be placed in an IJISC inside a Bahay Pag-asa.

According to the JJWC, intervention refers to programs for CICL that aim to improve their physical and social well-being, prevent them from becoming involved in crime again, and ensure that they do not commit further violations of the law.

At Bahay Pag-asa, intervention plans are created using a total family approach, which considers not only the needs of the child but also the needs of their family.

The process also involves the participation of the child, their parent or guardian, the victim, and the LSWDO in developing intervention plans and expected outcomes.

The child may also be referred to other organizations or professionals if there are needs that Bahay Pag-asa is unable to address.

The facility also provides support to help children live independently, especially those who no longer have a family or who can no longer return to their families.

Regular case conferences are also conducted to monitor their rehabilitation and progress.

The families of the victims continue to seek justice following the school shooting incident in Tacloban City, including Nethan, who is currently fighting for his life in an intensive care unit.

“Talagang masakit… Kahit sinong tatay, kung ano man ang ginawa nila, parang gusto kong gawin din. Hindi makatarungan ‘yun. Talagang hustisya ang kailangan namin para sa mga biktima," said Nethan's father, Erwan Candelario.

(It really hurts… Any father would feel the same. Whatever they did, part of me wants to do the same to them. It is not fair. What we truly need is justice for the victims.) —RF, GMA News