The Department of Social Welfare and Development (DSWD) and the Juvenile Justice and Welfare Council (JJWC), one of its attached agencies, are coordinating closely with the Local Government Unit (LGU) of Pasig City for the release of the minors who were put under temporary protective custody by the Philippine National Police (PNP) at Pasig City’s Bahay Aruga.

The 10 minors, aging 12-17 years old, were arrested by the PNP together with 31 adults last August 31 during a demonstration conducted by the Kalipunan ng Damayang Mahihirap (KADAMAY) members and residents at East Bank Road, Floodway, Barangay Sta. Lucia in Pasig City to protest the impending demolition in the area. The demonstration resulted in a commotion between the protesters and local authorities.

To date, the two minors below 15 years old have been released, but the remaining eight are still at Bahay Aruga of the Pasig City Social Welfare and Development.

“The LGU has facilitated on Monday the release of the two children below 15 years old. But the release of the remaining eight who are above 15 years old will depend on the decision of the City Prosecutors Office,” DSWD Undersecretary for Operations and Protective Programs Hope V. Hervilla said in an interview via a news organization.

The JJWC has recommended the other eight children for release and to instead be subjected to diversion, an alternative child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of the child’s social, cultural, economic, psychological or educational background without resorting to formal court proceedings.

 “Sa report ng ating social worker, dahil nga nagkagulo na, napilitan ‘yung mga pulis na kunin ang mga bata for protective custody, sabi nila. Pero hindi kasi pwedeng ipasok yung mga minors natin sa mga facilities for children in conflict with the law without a court order (According to the report of our social worker, police authorities said they were forced to detain the children for protective custody because there had already been a commotion. But minors cannot be admitted in facilities for children in conflict with the law without a court order),” Usec. Hervilla explained.

“Kailangan i-release ‘yung mga bata dahil wala namang court order (The children need to be released as there was no court order). They cannot detain the minors,” she said.

No abuse

“Noong Lunes, binisita ng ating social worker at ng representatives from JJWC ‘yung mga bata at nakita naman na nandoon sila for custody. At wala namang beatings or ‘yung sinasabi na sinasaktan yung mga bata (Yesterday, our social worker and representatives from the JJWC visited the children and they saw that the children were brought there for custody. There were also no alleged beatings on the part of the children),” Usec. Hervilla clarified.

She said the Department’s social worker asked the children if they were beaten up or maltreated in the facility and the children said no.

“The DSWD will bring the issue to a discussion with the Department’s executive committee. Hihingi din tayo ng official written report from our executive director from JJWC, then we will study further kung anong pwedeng gawin natin. But definitely, makikipag-usap kami with the LGU and the police authorities para makita natin kung anong mga gaps in terms of laws and protocols(We will also ask for an official written report from our executive director from JJWC, then we will study what we can do further. But definitely, we will speak with the LGU and police authorities for us to see the gaps in terms of laws and protocols),” Usec. Hervilla said.

JJWC is an attached agency of the DSWD that is mandated to promote and protect the rights of children at risk and children in conflict with the law under a restorative justice and welfare system.

She said the DSWD will also ask for a report from the local municipal social worker and consolidate it with the report of the Department’s social worker, who went to check the facility, to further discuss its next steps on the matter.###