Published in the April 17, 2003 of BusinessWorld
Diversion (Second lease for juvenile delinquents)
Jennee Grace U. Rubrico
In September last year, 17-year-old "Pogi," a high school dropout and a resident of one of the slum areas in Novaliches, Quezon City, was arrested for illegal possession of a deadly weapon - a knife which he claimed he was carrying for a friend.
Pogi said he and his fraternity friends were loitering outside a public high school in Novaliches when, out of habit, one of his friends asked him to carry the knife. On that particular day, however, barangay officials arrived with policemen, and Pogi was caught with the blade.
Pogi was brought to a police station in Novaliches where barangay officials filed a criminal case against him. He was jailed in the station and joined a cell with adults whose cases ranged from drug pushing to arson.
In the three weeks of incarceration, Pogi said adult inmates took turns in giving him "tasks." The older inmates beat him up "sometimes" when he did not feel like doing what they wanted him to do.
When Pogi's mother, a housewife whose husband drives a passenger jeepney for a living, found about his incarceration after one week, she tried to post bail for him, but was told to keep the money so the boy "would learn his lesson."
After three weeks, Pogi was transferred to the Molave Youth Detention Center, a prison facility for minors behind the Quezon City Hall.
There, inmates are educated through an in-house public school, and are engaged in several activities organized by a nongovernmental organization (NGO) and social workers who co-manage the detention center with the Bureau of Jail Management and Penology.
But for Pogi, not being able to see his family - his parents and four siblings - was more difficult than all hardships in the detention center.
"Umiiyak lang po ako pag naiisip ko 'yung sa amin. Bihira lang din dumadalaw ang nanay ko kasi mahal ang pamasahe (I just cry whenever I think of my family. My mother does not visit often as the fare is expensive)," he said.
He was resigned to the fact he will serve his sentence in jail. But during the first hearing date, the barangay official who filed the case dropped it upon the recommendation of the diversion committee of Branch 107 of Quezon City Regional Trial Court (RTC). Instead of getting
arraigned, the boy, with the assent of the barangay official, was subject to diversion.
Thus, two months after he was arrested and detained, Pogi was released and put under the care of the Alalay ng Bayan Foundation, Inc. (Abay), which reintegrated him into his community.
Diversion, as defined by the Supreme Court (SC) rule on juveniles in conflict with the law, is an alternative "child-appropriate" process of determining the responsibility and treatment of a juvenile in conflict with the law based on his social, cultural, economic, psychological or educational background without resorting to formal court adjudication.
A juvenile delinquent becomes qualified for diversion only if he or she is charged with petty crimes, or those which have penalties that are not longer than six months, or if the penalty is only a fine regardless of the amount.
The rule, which became effective on April 15, 2002, states instead of undergoing trial, the qualified juvenile delinquent will undergo diversion proceedings, before a committee, which will determine the alternative measures or services for the juvenile.
The alternative measures could be a written or oral reprimand or citation, return of the property, payment for the damage caused, counselling for the juvenile and his family, training, seminars and lectures on anger management skills, problem solving, and conflict
resolution skills, community services or institutional custody.
While the diversion proceedings are ongoing, minors are released from court custody and given back to their parents or guardians who will be responsible for their presence during diversion proceedings.
Each minor whose case had been diverted needs to present himself/herself to the family court that approved his diversion program at least once a month for evaluation of the program's effectiveness.
Each juvenile will be monitored by a court-appointed social worker who will submit reports of the minor's progress to the diversion committee. If the juvenile has satisfactorily met the requirements of his diversion proceedings, the family court will issue a closure order terminating the
diversion program.
Since the rule was penned only last year, few juveniles in conflict with the law had been able to avail of the privilege.
Pogi is one of 50 juvenile delinquents whose cases had been diverted by Branch 107 of the Quezon City RTC, a court considered to be among the staunchest advocates for diversion.
With 232 cases filed against juvenile offenders with Branch 107 last year, and considering a total of 1,498 cases were filed on the seven family courts in the city, the 50 diverted cases could not be considered substantial.
RTC judge Rosalina L. Pison, in an interview, said few courts nationwide grant diversion proceedings to qualified juvenile delinquents as the rule is only a year old. "It takes time to really evaluate diversion proceedings. It takes time for the child to undergo diversion."
She said, understandably, other judges of family courts are cautious in diverting criminal cases of juveniles to avoid the commission of graver crime upon temporary release. "You will see in my list of those under detention, the cases are grave. I have murder, rape, kidnapping,
carnapping, all with a penalty of reclusion temporal (12 to 20 years in prison)."
Ms. Pison said few NGOs can be tapped for diversion cases, including Abay, a religious group based in the University of the Philippines (UP).
Abay, which started as a prison ministry of the UP Church of the Risen Lord, was incorporated last year. Abay claims to be the only NGO that comprehensively addresses the rehabilitation aspect of diversion based on the SC rule.
In March 2002, Abay developed a United Nations Children's Fund-funded pilot project called the Comprehensive Protection and Integrated Development Program for Juveniles in Conflict with the Law.
Under the program, which is the first in the country, diversion would be undertaken in three levels: family courts, police and barangay.
Juan A. Miranda, president of Abay, said the idea for the three levels is to keep the case of the juvenile delinquent from even reaching the court if the cases can be diverted.
"Diversion should be at the level of the police and the level of the barangay. If it is determined that the cases can be diverted, it should no longer go to the courts. Then and there, the police or the barangay should recommend diversion. That way, there won't even be a case filed against the
minor," he said.
Abay also networked with different individuals and organizations in Quezon City for the rehabilitative services for juvenile offenders.
To increase awareness for the program, Abay also holds seminars and dialogues with stakeholders - police, media, businessmen, schoolteachers and other people in the community who would be interacting with the juvenile offender.
Mr. Miranda said police force also needs to be aware of juvenile offenders' right to see their parents immediately after arrest, and before they are incarcerated.
He noted the case of Pogi, whose mother was told of his imprisonment only one week after he was jailed, was common. "But under the rules, the minors are supposed to be escorted back to their parents so that they would be informed."
Mr. Miranda said there was a need to educate schoolteachers of the right of the diverted juvenile offender to go back to school as there have been cases when teachers and principals refused to take back the diverted juvenile offenders. "But they are being made aware that they are also
responsible for the rehabilitation."
Also included in Mr. Miranda's schedule for dialogues are members of the media. "Many people in the media violate the rights of the child when they show their faces on the camera and when they name them. Sometimes they don't name them but they name the parents. This is still a breach of
confidentiality."
Equally important as the pilot project of Abay, Mr. Miranda said, is the organization's commitment to assists the court in the rehabilitation process of a diverted juvenile offender. The NGO provides material, emotional, social and spiritual support for diverted juveniles and their
family.
Abay also offers livelihood seminars for parents of juvenile offenders and makes sure that juvenile offenders are accepted at their schools after they are released from court custody. The group gives supplies, books and other school needs. And to ensure that the whole family is rehabilitated, Abay also sends the siblings of the offenders to school.
Currently, Abay handles 20 juveniles whose cases have been diverted. Pogi, who was among the first cases handled by Abay, is the first to "graduate" and will have his last court visit in May, after which he is considered "free."
Abay also prides itself for being the only NGO that adheres to the SC rule when it comes to reintegrating juvenile offenders into the community.
Mr. Miranda said of the 20 cases that have been referred to Abay by the Quezon City RTC Branch 107, none have so far failed, including the ongoing 20 cases.
Pogi, for one, agrees. He said his stint in two detention centers and his experience with Abay had turned him into a better person. "Kung hindi po yon nangyari sa akin, tambay pa rin po ako ngayon (If Abay did not happen, I'd still be a bum)," he said.
He said his release from court custody made him a better son, helping his mother with household chores and in selling sliced pineapple at SM Fairview in Quezon City.
He no longer hangs out with fraternity friends. He also studied guitar lessons along with his two cousins with the help of Abay.
His sister, who was supposed to have gone to college but was not able to due poverty, will also be starting school with the help of Abay.
Pogi said he now has school to look forward to. And if he could no longer go to college, he would look for a job to help his parents
This, Mr. Miranda said, was all Abay could ask for: the chance to give a juvenile offender a new lease on life, and seeing the young delinquent taking a turn for the better.
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