“Juvenile justice and the restorative justice system: Does it work?”

• Main Author: Robeniol, Gabriel Antonio D.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Juvenile delinquency—Law and legislation—Philippines; Restorative justice—Philippines; Criminal Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/6533; https://animorepository.dlsu.edu.ph/context/etd_masteral/article/13540/viewcontent/Juvenile_Justice_and_the_Restorative_Justice_System_Does_it_Work2.pdf
• Institution: De La Salle University

Crimes are on the rise and, nowadays, these crimes are being committed not only by adults but by children as well. A lot of reasons compel or drive children to commit these crimes, and laws must address these reasons in deterring juvenile crimes. Republic Act No. 9344 or the Juvenile Justice and Welfare Act – amended by Republic Act. No. 10630 – is currently the law that governs the prevention, rehabilitation, and re-integration of children or minors committing crimes or acts that violate the law. It is important that the laws of the land adapt to the changes in the society in order to efficiently address the problems the laws seek to solve. This study reviewed the pertinent laws, jurisprudence, scholarly articles, and other related studies that tackle the effectiveness of the current juvenile justice system in the Philippines. Interviews were conducted by researchers at the Children's Legal Rights and Development Center and the Juvenile Justice and Welfare Council to gain various insights on the implementation and effectiveness of the juvenile justice system. The study found out significant influence and contribution of a child’s social environment to the development of delinquent behaviors. In addition, current laws pertaining to juvenile justice are complete in providing for measures that seek to divert and rehabilitate a child in conflict with the law from committing further acts in violation of the law. However, the actual implementation of the law is where the juvenile justice system fails. This failure can be attributed to the refusal of the parents or the child in conflict with the law to undergo diversion programs, especially after-care, for various reasons that include poverty. Even if the law is sufficient in addressing juvenile crimes, it has not been totally effective in deterring such juvenile crimes in the country.