Minor offenders not always immune from arrest, say
MINORS involved in serious offenses, such as rape, homicide, murder and crimes related to illegal drugs, should not be freed after their arrests but may be placed in involuntary confinement for at least one year.
This was pointed out by former Senator Francis Pangilinan, lawyer and the principal author of the juvenile justice welfare act.
He said this is the amendment introduced to the law after reports of minors being used as fronts for criminal activities in answer to a question posed by Councilor Jose Netu Tamayo, president of the Pangasinan Trial Lawyers Association.
Three weeks ago, a 13-year old boy was arrested by the Dagupan police in Bonuan Binloc in a buy-bust operation when he sold a sachet of shabu to a police poseur buyer.
Mr. Pangilinan, said the amended law he authored before he stepped down as senator in 2013, provides that minors involved in serious crimes must be placed in involuntary confinement for at least one year.
“Before we stepped down as senator in 2013, we amended the juvenile justice welfare law which now provides that children involved in serious offenses like rape, homicide, murder and drug-related cases must undergo at least one-year involuntary confinement for their rehabilitation,” he told a multi-sectoral gathering at CSI Stadia.
He stressed that policemen and prosecutors are misinformed and are committing a serious mistake if they immediately set free minors who are arrested for crimes defined in the law.
“The amended law provides involuntary confinement for their rehabilitation, “ he intoned.
He added that although the criminal liability of the accused child is not lowered, if it is a serious crime that was committed, the minor need not be set free, but may be placed under involuntary confinement.
However, Pangilinan expressed strong belief that such children are only being used by a syndicate and should be the target of law enforcers to finally stop child exploitation.
He explained that under the law, the exploiter must be punished twice more than the liability imposed on the exploited. In law, he said, the use of a child for certain crimes is an aggravating circumstance.
“I refuse to believe that a 13, 14 or 15-year old boy can be the head or chief of a crime group. For sure, he has a handler who the police must exert utmost efforts to arrest unless lawmen are in cahoots with him,” Mr. Pangilinan, who is seeking another term in the senate, said. (Leonardo Micua)
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