A. Background of the Study
“The youth is the hope of the fatherland.” Thus, declared Dr. Jose Rizal, the Philippine national hero. Yet, like the youth in other countries, many Filipino youths are potential candidates of the country’s Criminal Justice System (CJS).
It is a fact borne out by the news stories people read daily that many young people go astray and violate the norms of society as expressed in the country’s laws and statutes. Unlike the adult offenders, they are dealt with differently because of their tender age.
Juvenile Justice System is the system of rules and procedures by which society deals with youthful offenders. It is simply an application of CJS to the erring youth, with provisions geared more towards their rehabilitation rather than punishment.
According to former Supreme Court Chief Justice Andres Narvasa, the CJS is essentially the system or the process in the community by which crimes are investigated, and the persons suspected thereof are brought into custody, provision being made for their correction and rehabilitation (Narvasa 1996). In our country, it is one of the responsibilities of the government which is being given so much emphasis is to protect the children. Because of the existing problem in the society most of the time the young are the victims. This rights are being deprived because of it they are becoming vulnerable and a the risk of committing criminal offenses because of personal, family, and said circumstances such as, being abused by any person thru sexual, physical, psychological, mental, economic or any other means and the parents or guardian refused, are unwilling, or unable to provide protection for the child: they being exploited including sexually or economically, being abandoned or neglected, and after diligent search and inquiring the parent or guardian cannot be found; some of them are being out of school, being street child, being member of gang, and most of the time they are exposed in a community with a high level of criminality or drug abuse and living in situations of armed conflict.
The state recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being, and they should recognize the right of children to assistance including, proper care and nutrition, and speech protection from all forms of neglect, abuse, cruelty and exploitation and other condition prejudicial to their development.
Because of this existing problems in our society an act establishing a comprehensive Juvenile Justice and Welfare System, creating the Juvenile Justice and Welfare Council under the department of Justice, Appropriating funds therefore and for other purposes. The Act shall be known as the Juvenile Justice and Welfare Act of 2006. It covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration.
B. Statement of the Problem
The study attempted to find out and explain the reasons and importance of the earlier mentioned act. It seeks to clarify issues regarding the act and how does it works in our country. In particular, this study is aimed at answering the following specific problems. 1.What are the reasons behind the formulation of the Juvenile Justice and Welfare Act of 2006? 2.How is Juvenile Justice and Welfare Act of 2006 implemented? 3.What are the effects of the implementation to individual and to their families? 4.What are the strengths and the weaknesses of the Juvenile Justice and Welfare Act of 2006? 5.What would Government and Non-Government Organization do to ensure responsive implementation of the Juvenile Justice and Welfare Act of 2006?
C. Objective of the Study
Generally the study aimed to explain how effective the implementation of this act to individual and to their families. It will show the strengths and the weaknesses of...