Manila: Department of Social Welfare and Development (DSWD) Secretary Rex Gatchalian on Tuesday assured the public that the agency will strictly adhere to Republic Act (RA) No. 9344 or the Juvenile Justice and Welfare Act in addressing the tragic school shooting in Tacloban City, Leyte.
According to Philippines News Agency, Gatchalian clarified in a radio interview that the law is explicit about the actions to be taken. He addressed concerns that the perpetrator might not be penalized, emphasizing that juveniles aged 15 to below 18 years old are not exempt from criminal liability if discernment is present. This means that if a minor understands their actions and the consequences, they can be charged in court, where the court will assess the child's level of discernment.
The DSWD chief underscored that decisions regarding where to place a child in conflict with the law (CICL) are based on the child's age, discernment, and the severity of the offense. Gatchalian explained that CICLs won't remain in their community. The courts may order them to be turned over to the DSWD, or their parents might voluntarily surrender them. They will be placed at the Bahay Pag-asa or Rehabilitation Center for the Youth for thorough intervention or a diversion plan.
Diversion is a child-sensitive process to determine the responsibility of the CICL without formal court proceedings. It can be implemented at various levels, including community justice, police, and prosecutor levels. If the penalty exceeds six years but is less than 12 years, the diversion occurs at the court level.
Meanwhile, the DSWD Field Office 8 (Eastern Visayas) provided psychosocial interventions and financial assistance to the families and survivors of the school shooting. A total of PHP100,000 was given to nine injured individuals, while three bereaved families received PHP10,000 each, under the DSWD's Assistance to Individuals in Crisis Situation program. Additionally, psychosocial first aid was provided to 35 students, two bereaved parents, and 11 parents of injured students.
A case conference will be held Tuesday involving representatives from the Regional Juvenile Justice and Welfare Committee, City Social Welfare and Development Office, Public Attorney's Office, and Regional Prosecutor's Office to discuss the case management of the two minors involved in the incident.
