Convict, accused in crimes committed at 17 show minors face accountability

A convict who was found guilty of murder committed when he was 17, and an accused for rape, allegedly done when he was of the same age, are some examples of how minors are being held accountable for their crimes.

According to JP Soriano’s report on “24 Oras,” Josh (not his real name), who is on a rape trial committed when he was 17, is staying at a Bahay Pag-Asa while he stands trial.

Now 20, he is being reviewed to determine whether to recommend his reintegration into the community while his court trial continues.

“Ang plano ko po ay mapagpatuloy ko po ang pag-aaral ko..first year college na po ako going to second year college,” said “Josh.”

(I plan to continue my education... I am currently a first-year college student moving on to my second year.)

On the other hand, Justin (also not his real name) has already been convicted of murder for an offense he committed at the age of 17.

He was temporarily held at “Bahay Pag-asa” while his sentence was suspended.

When he turns 21, authorities will determine whether he will be reintegrated into the community or ordered to serve his prison sentence, depending on the recommendation of social workers and the final ruling of the court.

“Pagpasok ko pa lang po dito, sinabi ko na po sa sarili ko na aayusin ko na yung buhay ko, pagbabayaran ko, pagninilayan ko, pagsisihan ko po lahat ng pagkakamali kong ginawa,” he said.

(The moment I entered this facility, I told myself that I would turn my life around. I will pay my debt to society, reflect on my actions, and repent for all the mistakes I have made.)

Juvenile justice, such as in the case of Josh and Justin, has again come to the fore after two high school students – one 14 years old, the other 15 – shot up the San Jose National High School in Tacloban City on Monday.

Three of their schoolmates were killed while 20 others were wounded.

The 15-year-old shooter is now facing murder and frustrated murder complaints after police determined that he acted with “discernment.”

Both will be placed in a Bahay Pag-asa facility.

The 14-year-old suspect will be held accountable through intensive intervention programs, in accordance with the Juvenile Justice and Welfare Act, or Republic Act No. 9344.

This will be carried out at the Intensive Juvenile Intervention and Support Center (IJISC) within a Bahay Pag-asa facility, similar to this one in Quezon City. Such centers are also established across every region nationwide.

Inside a Bahay Pag-asa, minors involved in crimes undergo structured activities such as attending classes on life skill lectures led by psychologists.

Everyone is also mandated to wake up at 4 a.m., eat meals together, and sleep at 9 p.m.

Some are also attending K-12 classes in the facility, just like in any normal school.

Minors committed to these facilities will stay for a minimum of one year. This period can be extended until the minor demonstrates genuine remorse and a full understanding of the gravity of their offense.

While social workers make the initial assessment and recommendation, the final approval rests with the court. Regardless of how long it takes, the child will not be released until they show complete rehabilitation.

Meanwhile, the 15-year-old shooter will undergo an assessment to determine if they acted with discernment, meaning a proper understanding of the gravity of their crime.

If discernment is proven, the minor will stand trial in court like a regular criminal suspect.

“Depende pa dun sa magiging result kasi per tool meron po siyang specific assessment and meron pong computation sa results ng tools,” said social welfare officer Maribel Barcenas, when asked on how to determine if a minor in conflict with the law has discernment in committing the crime.

(It depends on the outcome because each evaluation tool has a specific assessment criterion, and the results from these tools involve a specific computation.)

While the evaluation results will be submitted to the court, the final ruling on whether the minor acted with discernment rests solely with the judge.

If the court finds a lack of discernment, the 15-year-old will undergo the same intervention process as other minors committed to a Bahay Pag-asa facility.

“Based on the law, ang treatment po namin sa kanya ay yung same as the treatment as those CICL below 15 years old but above 12 years old na nakapag commit ng serious crime,” said Barcenas, noting that the criminal liability will be invalidated.

(Based on the law, our treatment of them will be identical to how we handle CICL who are under 15 but over 12 years old who have committed a serious crime.)

However, if the court finds that the suspect acted with discernment, it will order the minor's transfer to a Regional Rehabilitation Center for Youth (RRCY) or a similar facility accredited by the local government unit (LGU) or the Department of Social Welfare and Development (DSWD).

The minor will be committed there while the court trial is ongoing, alongside an intervention plan designed to track whether the young suspect is making progress toward rehabilitation.

“If ever wala talagang reformation on the part of the child, the progress will be submitted to the court and the court will decide on the case,” said Barcenas.

(If there is absolutely no reformation on the part of the child, the progress report will be submitted to the court, and the court will make the final decision on the case.) –Vince Angelo Ferreras/NB, GMA News