Provisions in the law exist that penalize parents of delinquent children as desired by the Palace, but these are rarely implemented.

Not one parent or even a member of a syndicate using children to commit crimes has been charged and prosecuted for such acts which are in violation of existing laws, said Senate Justice committee panel chairman Sen. Richard Gordon.

During yesterday’s continuation of the hearing, Gordon lamented that, while there is now a clamor for lowering the age of criminal liability, laws imposing punishment on adults responsible for children are not being implemented.

“We tend to focus on the criminal liability of the child, that’s well and good, but let us also focus on the reality that the state promises a lot… so I would say the state has the liability, not the child,” the senator said.

He cited Article 59 of Presidential Decree 603, among other laws, which places criminal liability on the parent or guardian of a child who becomes in conflict with the law due to negligence or abandonment.

Reponsibility at 12 Justice and human rights committeee chairman Sen. Richard Gordon deliberates the proposed act lowering the minimum age of criminal responsibility under the Juvenile Justice and Welfare Act of 2006 to 12 years from the current 15. AL PADILLA The article stated that “criminal liability shall attach to any parent who improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts, which are inimical to his interest and welfare and causes or encourages the child to lead an immoral or dissolute life.”

“All these are in the laws… but nobody, no parent has ever been prosecuted,” Gordon lamented.

He also asked law enforcers to go hard against the syndicates using children in their illegal activities.

“Many children are being used by syndicates in committing crimes, in selling illegal drugs. Due to poverty, children are enticed,” he explained.

Judges, who were among the resource persons during the hearing, admitted not one case has been filed before the courts against an adult who used a minor to commit a crime and against a parent or a guardian for violation of Presidential Decree 603.

Gordon also pointed out that children used in committing crimes could be used to testify against criminals or syndicates but their safety should be ensured.

Interior and Local Government Secretary Eduardo Año, who was also present during the hearing, said data showed 6,000 child-offenders, aged 10 to 15.

Año said the crimes committed by the children represent three percent of the total crime volume for the last three years.

The DILG chief is supporting efforts to lower the age of criminal liability from the current 15 years old to 12 years old under the Juvenile Justice and Welfare Act (JJWA) of 2006.

Menace knows no age Street children even below the age of reason are known to sniff solvents which is a common sight in busy Manila streets. CONTRIBUTED PHOTO Under the law, a child below 15 years old who commit criminal acts, even heinous acts, does not have any criminal liability.

He is seeking the establishment of one Bahay Pag-asa for the rehabilitation of children in conflict with the law for each province and city in the country.

Año, who was among the resource persons at yesterday’s hearing, said he would seek funds for the establishment of more Bahay Pag-asa centers starting next year.

“Ideally, there should be one in each province and city,” he said.

“I will work it out in the next Congress. Next budgeting, we will increase assistance to municipalities,” he added.

Currently, there are only 63 Bahay Pag-asa centers throughout the country, instead of 140 as mandated by law.

Of the 63, only 58 are currently operational, three under the administration of non-government organizations (NGO) and 55 being run by local government units (LGU).

The Juvenile Justice and Welfare Council (JJWC), which is under the Department of Social Welfare and Development, however, revealed the sorry state of the existing Bahay Pag-asa.

Lawyer Tricia Clare Oco, executive director of JJWC, said of the 63 existing Bahay Pag-asa throughout the country, only a handful have sufficient facilities and are equipped with proper programs to rehabilitate the children – apparently due to lack of funding.

Of the 63, Oco said 55 are run by LGU as mandated by Republic Act 9344 or the JJWA of 2006, five are non-operational and three are under the management of NGO.

She admitted the Bahay Pag-asa were not established as envisioned by Republic Act 9344 or the JJWA of 2006 to serve as venue for the reformation of children in conflict with the law.

“Some Bahay Pag-asa are in sub-human conditions… They are worse than prison facilities… They have no programs… Children are just told to be quiet all day, doing nothing,” she said.