According to Dr. Jose Rizal, children are the hope of our Nation.

As we have seen the

unfolding of our history, those that have held onto such a notion would seem to either doubt or

continue to believe. The Philippines, brought by its strong historical patriotism, has displayed

its reliance to its “National Hero’s” claim and thus, enacted laws protecting the “Hope of our

Nation”. The specific law involved in the study is Republic Act 9344. This is also known as

the "Juvenile Justice and Welfare Act of 2006." The specific provision involved in this study

is SEC. 20. Children Below the Age of Criminal Responsibility. The law has been

commendable in the international community in making sure that the welfare of the tender age

is of paramount and have been upheld.

The main question of the study is whether the law should be modified to legally allow the

immediate detention of the child taken into custody fifteen (15) years old or below to an

appropriate detention facility instead of immediately releasing the child to the custody of

his/her parents or guardian, or in the absence thereof, the child's nearest relative.

The significance of the study is that it affects a large number of people which is actually the

whole country and each of the Filipino family. The problem exists as we can see from

different media channels and news reports where minors are used by adults to perpetrate crime

or the minor himself/herself does the criminal offense. It can be burdensome to the law

enforcer to apprehend the adults who influenced the child because the adult uses the child as

their additional shield so that the sword of justice cannot be wielded against them. It also

shows that the offenders are now becoming bolder when it comes to committing crimes

knowing that they will not be arrested and will not be detained.

The researcher believes that the clear and present danger that the law and proposed

amendment of the said provision is the high probability that justice will not be served by

merely giving an opportunity to the offender to be returned to his or her home, opening the
door to an escape and will make the apprehending authority to implement justice due on the

reckoning day. It needs to be noted that there will always be a damage to the victim and such

damage is not always capable of pecuniary estimation. The meaning for justice is a relative

word as far as the victim is concerned. It may not always be the payment of damages but

sometimes, it is enough if a perpetrator is admitted to prison. Hence, we cannot just simply tilt

the weight of the scale in favor of a 15-year-old offender. Most of the time, the offender has

no capability and resources to settle any civil liability and the victim is left without recourse to

satisfy the hunger to justice as far as he or she is concerned. It is even ironic that the victim is

more financially capable.

In the flow of current events, this law has been criticized and its authors were challenged

adversely. On the other hand, we cannot set aside that this law, has been enacted by the

Congress and has gone through the process of legislation where the minds of the lawmakers

have been called on and deliberated the same. In addition, we cannot change the fact that

circumstances surrounding our country, social, economic, and cultural have affected as how

minors are viewed and how minors view themselves in the society.

It is also important to note the people whom the minor is living with or has brought him or her

up since the developmental stages of each person plays a vital successive role in each stage. In

other words, as the minor grows, the current developmental stage will greatly affect the next

developmental stage of his or her life. In these developmental stages the personality, attitude

and outlook in life is built.

It has been 18 years since this law was passed and an emerging change are now realized when

it comes to the socio-economic status of each family. Hence, this will boil down as to whether

the provisions of the law need to be revisited to see applicability in the contemporary time.