Law allows juvenile criminal offenders to be placed in ‘Bahay Pag-asa’

Law allows juvenile criminal offenders to be placed in ‘Bahay Pag-asa’ "I learned that a child who is 15 years old and below is exempt from criminal liability. Does this mean that a child, aged like so, who commits rape or any other heinous crime cannot be placed in a special facility?Helen Dear Helen,The provisions of the last paragraph of Section 20-A of Republic Act (RA) 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006,” as amended by RA 10630, provides: “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 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 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 Interventionand Support Center (IJISC). “In accordance with existing laws, rules, procedures and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU (local government unit) where the offense was committed, or by the DSWD (Department of Social Welfare and Development) social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child.” (Emphasis supplied)Clearly, a child aged 12 to 15 who commits a serious crime such as 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 RA 9165 punishable by more than 12 years of imprisonment, shall mandatorily be placed in a special facility within the youth care faculty or Bahay Pag-asa called the IJISC, which shall be initiated by the local social welfare and development officer of the local government unit where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence. We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/