SC approval of rule protecting kids in conflict lauded

By ELLALYN B. DE VERA
December 5, 2009, 4:46pm

The Department of Social Welfare and Development (DSWD) said the approval of the Supreme Court on the Revised Rule on Children in Conflict with the Law (CICL) will ensure additional protection to minors from being exposed to the stigma of criminality that hinders their development.

Social Welfare and Development Secretary Esperanza Cabral hailed the SC decision that took effect last Dec. 1, saying that the rule ensures that justice system treats every child in conflict with the law “in a manner that recognizes and upholds human dignity and worth, and instills in the child respect for the fundamental rights and freedom of others.”

“The approval of the Revised Rule on Children in Conflict with the Law by the SC demonstrates their sincere desire to protect minors from being exposed to the stigma of criminality which may hamper their development, at the same time ensure that justice is served for the best interest of the child,” Cabral said.

She pointed out that the rule determines how cases of children in conflict with the law should be handled and treated by police, legal officers, social workers and other service providers, thereby preventing exploitation of children.

It also considers the developmental age of the child and the desirability of the child’s reintegration and assumption of a constructive role in society in accordance with the principles of balanced and restorative justice.

Under the rule, a Child in Conflict with the Law is a child below 18 years old but not less than 15 years and one-day old, who is alleged as, accused of, or adjudged as having committed an offense under Philippine laws.

A significant provision of the Rule states that if a child is found guilty of an offense charged, the court, instead of executing the judgment of conviction shall place the CICL under suspended sentence. In this case, the court shall proceed to determine disposition measures which can be any or combination of the following: Care, guidance, and supervision orders; community service orders; drug and alcohol treatment; participation in group counseling; and commitment to the Regional Rehabilitation Center for Youth of the DSWD or other centers for children in conflict with the law authorized by the secretary of the DSWD.