“Children who are alleged to be involved in drug-related offenses should be handled by law enforcement officers in accordance with the provisions of Republic Act 9344 as amended by R.A. 10630 or the Juvenile Justice and Welfare Act in relation to the Dangerous Drugs Act of 2002,” Atty. Tricia Clare A. Oco, Executive Director of the Juvenile Justice and Welfare Council (JJWC) emphasized.

The JJWC clarifies that R.A. 9344 as amended makes children aged 12 to 17 years old who commit drug-related offenses accountable through a child-sensitive process, either in the community or in centers, and not immediately, through the regular criminal justice system or in jails.

“Children who commit offenses do not go scot free. However, there are proper procedures in handling cases of children who are below the minimum age of criminal responsibility (MACR) or 15 years old and below, those who are above 15 years old but below 18 years old, and those aged below the MACR who have allegedly committed serious crimes or are repeat offenders,” Atty. Oco explained.

For children aged 12 to 15 years old with violation under R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002 that has a corresponding penalty of more than 12 years of imprisonment (serious crime under Sec. 20-A of R.A. 9344 as amended), they will be mandatorily placed in the Intensive Juvenile Intervention and Support Center (IJISC) of the Bahay Pag-Asa.

On the other hand, for children who are above 15 to below 18 years old, the Local Social Development Welfare (LSWDO) Officer will assess whether or not they have acted with discernment. If the child is found to have acted with discernment and the impossible penalty of the offense is more than 12 years of imprisonment, a case may be filed against the child in court. If the penalty is not more than six (6) years of imprisonment, he/she will go through the process of diversion.

Diversion is an alternative, child-sensitive process of determining the responsibility of the child in conflict with the law without resorting to formal court proceedings.

According to Atty. Oco, diversion may be implemented at the levels of Katarungang Pambarangay, police, or prosecutor. She added that if the penalty is more than six (6) years but not more than 12 years, the diversion will be at the Court level.

Based on data submitted by the Philippine Drug Enforcement Agency to the JJWC, the top three (3) offenses of children involved in illegal drug activities are pusher, possessor and user from 2011 to 2016. Most of them are above the MACR or around 16 to 17 years old.

“In all these instances, jail is not an option under R.A. 9344 as amended. These children if deemed necessary, may be placed in rehabilitation facilities, where they can undergo appropriate intervention programs,” Atty. Oco highlighted. ###