TRANSCRIPT OF THE KEYNOTE ADDRESS OF SENATOR FRANCIS N. PANGILINAN AT THE JUVENILE JUSTICE IMPLEMENTERS CONGRESS
01 JUNE 2017

Magandang umaga po sa kanilang lahat.

Thank you for inviting me to this Juvenile Justice Implementers Congress. I see many familiar faces as we marshall this measure ten years ago, going on eleven. Allow me to thank also the Child Rights Center of the Commission on Human Rights for organizing this activity to remind us all of the tremendous work that remains to be done to fulfill the spirit and intent of the Juvenile Justice and Welfare Act.

Alam niyo po, 'yung aking anak na si Miguel, who is now seven years old, pilyo ho 'yun eh. Only boy kasi. Siguro medyo mayroon siyang feeling na siya eh may konting entitlement--konti lang naman. Kaya sobrang pilyo. Minsan nagising ako--bagong gising ako pagpasok ko ho sa aming bathroom, nakita ko limang dental floss na mga toothpick na mayroong parang alambre sa dulo. Tapos nakita ko 'yung aming maliit na scissors yung pang-pedicure, manicure--magkatabi, ginupit niya ho lahat nung dental floss. Nandoon lahat doon sa may lababo. "Miguel! Ano ba 'to?" Minsan, sa kapilyuhan niya siguro sa isang buwan ay tumatawag yung aming teacher sa amin, tine-text ako. "Naku, ano na naman ginawa ni Miguel?"

Minsan hinatid ko siya sa eskwelahan, tapos first day of school kasi. It's a tradition in the family that we bring them to school on the first day to impart to them the value of education and the importance. So kinakausap ko siya. He is five years old turning six. Sabi ko: "Oh, Miguel"--Ah sorry, this was one week after the first day of school. I brought him to school the first day but then one week later, just to monitor, sabi ko: "Oh Miguel, how are you feeling in school? Are you obeying your teacher? Are you obeying and behaving?" Sabi niya: "Yes, daddy! I'm always saying I'm sorry."

At pagka ako'y nag-aattend parents-teachers conference ni Miguel, laging mayroong kakaibang ngiti ang kanyang mga teacher 'pag nakikita ako. Sabi ko: "Ano na naman ang ginawa ni Miguel?" Pilyo sila, ang ilang mga bata, ngunit kinakailangan kung mayroong pagdidisiplina sa kanila, kinakailangan siyempre child-appropriate din. Talagang mga bata, mayroon diyang magkakamali. May bata talaga na hindi pa nalalaman precisely ang tama sa mali. Kaya kinakailangang gabayan. And that is precisely why the Juvenile Justice Welfare Law was put into place.

Ang dalawa ko namang--hindi na ho sila chikiting dahil Frankie is 16 and Miel is 12 turning 13. Ito naman, parang aso't pusa. Hindi magkasundo maya't maya. Maya't maya ay nag-aaway. Around three or four years ago, dahil talagang summer iyon, araw-araw silang parang aso't pusa aba'y ginround ko. Kasi dapat naman talaga dinidisiplina ang mga bata. Hindi naman pupuwedeng hindi tayo gumagawa ng mga child-appropriate responses. So binigay ko sila ng 'diversion program'. Ang 'diversion program' nila sabi ko: "The whole day, both of you, the whole day, you will do things together. Hindi pupuwedeng hindi kayo magkasama buong araw. Kakain kayo nang sabay; maglalaro kayo nang sabay because I want to teach you and I want you to learn to get along. 'Yan ang punishment ninyo. 'Yan ang inyong 'diversion program." Una, nagprotesta. Eh kasi nga hindi magkasundo eh. Akala siguro nila ibang klaseng grounding sila. "Oh sige, magsama kayong magahapon, magdamag. Gawan ninyo ng paraan na magkasundo kayo." Aba isang oras pa lang pagkatapos nung parang aso't pusa, nagtatawanan na.

So in that sense, children have to be made to account for their acts but it has to be done in a child-appropriate manner. Aside from this, because children in their very nature kinakailangan ng guidance.

Isa pang kuwento tungkol naman kay Miguel. He plays soccer--football, at minsan, naglambing siya sa akin: "Dad, are you going to bring me to football practice?" Sabi ko: "I'm not sure but I'll try to. Maybe next week or maybe on Thursday." Tapos sabi niya: "Please, dad because I'm not as tough without you."

So ang ating mga anak, kinakailangan ng guidance; kinakailangan ng suporta; kinakailangan ng alalay para sila ay magkaroon ng dagdag na kumpiyansa. Hindi sila dapat kinukulong. Hindi sila dapat pinaparusahan nang paraan na kung saan ay makakasira kung magkakaroon sila ng trauma.

This is why issues about children in conflict with the law and the earlier moves to lower the minimum age of criminal responsibility are very personal to me -- not only because I was the principal author of the law, but also because I am a parent, I have children, I have Miguel, and Frankie, Miel, and KC. I've always said this, I will not trade being a husband and a father for anything in the world. Kaya huwag niyo ho paniniwalaan 'yung mga fake news. Hindi ho iyon totoo.

Ang mahirap dito 'pag ikaw ay nagsasalita na hindi tumutugma sa ilang mga grupo ay ikaw ay babalikan ng fake news. Kaya dapat po lahat tayo eh huwag po tayo basta-basta magpapaniwala kung anong lumalabas sa social media, ika nga.

None of our children were born bad, none came to this world as a child offender. But in life, they cannot do it alone. Every child needs a champion. It could be their mother or father, a friend or a teacher, a barangay official or a social worker -- someone who will see their foolishness and mistakes, and yes, perhaps even violations of law but not give up on them.

We are here because we have not given up. And we will not give up on our children, hindi po ba? Kaya po tayo naririto.

Which brings me to another story, as told by a teacher. Ma'am Beth usually takes the jeepney on her way to class along Commonwealth Avenue here in Quezon City.

One afternoon, she boarded a jeepney with only six passengers. Before reaching her destination, a young boy--a teenager, sumakay at nag-announce: "Hold-up ito." He told the passengers gusto lang niya ng pera, na ilagay sa kaniyang baseball cap tapos pinasa ito from one passenger to another. And, to the teacher's surprise, the boy sat beside her but did not take her money. Instead, he said, "Sorry ma'am."

Back in class, Ma'am Beth had an idea who among her students the teenage hold-upper was. But, she did not confront him right away. For months, she watched him in class and paid special attention to him-- aiding him in his assignments, offering him her baon, and sometimes giving him small amounts of money to help him buy rice for his family.

He eventually warmed up to her and showed interest in his studies. He began to take part in extra-curricular activities and got into the school's basketball team.

More than a year after the incident, Ma'am Beth finally decided to talk to the boy about the incident. The boy cried and offered his sorry. He told the teacher he did it because his younger sister had high fever and that they had no money to buy medicine.

We do not tolerate the boy's misdeeds, that's precisely why you have a system of justice that will address juvenile offenders in the same way that we respect the judgment of the teacher in handling the situation.

Here's the point: Children make mistakes, they will commit offenses, even commit crime. But, we do not give up on them. Every child needs a champion.

There have been attempts to amend the Juvenile Justice and Welfare Act by lowering the age of criminal responsibility to nine years old.

We highlight the need for continued vigilance even as the latest version of the House committee on justice thankfully retains the age of 15 and introduces additional reforms in the law.

Children in conflict with the law are victims too. They need our help and rehabilitation, not the stigma of being labelled as criminals.

The shortcomings and inefficiencies in our justice system, including our correctional system, have damaged, many of them irreparably. Surely, it is time to correct this mistake. As we tackle the pending bill, we will keep a tight watch of the following:

* While the minimum age of criminal responsibility is 15 years old, the bill allows children in conflict with the law, who are as low as nine years old, to be committed to a youth care facility of the Bahay Pag-asa. Is this compliant with our obligations to international laws and standards?

* The right of the state to take responsibility of children in conflict with the law if the parents cannot do so, and the intervention programs for the child offenders and for the parents of those who commit serious offenses or those who are repeat offenders.

While we acknowledge the wisdom behind taking away children from parents who are neglecting their needs and proper upbringing, can the government fulfill the obligation to institutionalize foster care and diversion programs?

* The funding for the implementation of the law, as this has been the problem of the current law. Will there be Bahay Pag-asa in all cities and municipalities? Will they be equipped with the necessary facilities? Without the adequate resources, most especially funding, this could suffer the same fate as the current law.

Just to put things in proper perspective and why this law has faced several hurdles and got off to a very rough start. From 2006 when the law was passed until 2010, the only appropriations made available for those four years for the implementation of this law which is national in scope was sadly 57 million pesos. So obviously, that would not make it work.

By the end of 2010, there were only seven full-time employees of the Juvenile Justice and Welfare Council. By the end of 2010, four year into the implementation of the law, the Juvenile Justice and Welfare Council did not have its own office. And therefore in the first critical four years, if the law was a child--you know, sabi nga nila six years is critical if the child needs to become well-developed and grow up to be a well-developed individual or adult. So if the law were a child, its formative years were very, very difficult.

By 2010 onwards, the funding became at least more adequate. So from 2010 up until today, there have been major developments, major progress in the implementation of the law and still, we are still really from the challenges that we have faced on the first four years, so kinakailangang habulin po natin iyan.

We were able to finally, in 2013, transfer the Juvenile Justice Welfare Council as an attached agency no longer of the DOJ, but of the DSWD. At that point it was an anomalous situation admittedly that you had an attached agency of the DOJ with an undersecretary of the DSWD as chair. Eh talagang schizophrenic. But we corrected that. We saw the challenges. We are not closed to criticism. There is no such thing as a perfect law. If there are needed additional amendments, let us do it. We are open to strengthening the law precisely.

* Another issue, the capacity of the Department of Welfare and Social Development and other concerned government agencies and the local government units in running the social reintegration programs for children in conflict with the law. Do they have a timetable for the rollout of these programs? Or will the government plunge again unprepared?

* The programs to capacitate our social workers, development officers, and other personnel who will be at the center of the intervention program.

* There was also an issue brought into my attention on legal assistance and legal liability of social workers when they intervene and take custody of children. There are families or parents who object to or who oppose or question the capacity or the authority of our social workers and are therefore placed at risk of legal cases.

* Until the law is signed, or until the law is law or amended, the provisions remain suggestions and we need to remain vigilant so that the spirit of the law is followed and that children do not have a place in jail.

The House, as I said earlier, has been able to overcome the initial effort such as lowering the age of criminal liability, that is a victory in itself but we have to guard and protect these gains.

I believe you will be able to discuss this comprehensively as you proceed with this activity. Rest assured, you have allies and champions in the Senate and in the House of Representatives, who will continue to push for laws and policies to secure children's rights, including making them responsible for their actions without dooming them to live as criminals.

It has not been easy for us, having principal author of this measure. We have been criticized in the media. We have been insulted, called names because of this law, but we will bear all that and we will continue to suffer the criticisms knowing that many children in conflict with the law are in fact being able to have a second chance. This is all that really matters to me. There is this tendency to sensationalize and you can understand when children in conflict with the law are involved in heinous offenses. But many of you here know that these are the exceptions and not the rule.

For every ten involved in committing these offenses, the repeat offenders, those who are truly incorrigible if you can call it that, or perhaps less that two out of the ten--less than three out of the ten, seven or eight are actually first time offenders. And therefore, like I said earlier, even if they hit us left and right, because of this law we crafted, there will be seven children out there who are being allowed or given a second lease. Being able to become productive citizens of our country, shielded from a previous very, very traumatic and painful of experience for being made to account for their acts in a non-child-appropriate system of justice. If only for that, we would take all the hits because we're giving many, many children a second chance in life.

Maybe we should also consider our communications. I know it is difficult given the confidentiality requirements of the law and the cases. But we have to tell the good stories. We have to change the narrative and show precisely that there are children who are actually benefitting from this law who would otherwise be rotting in the New Bilibid Prison, probably raped, probably abused and turning into hardened criminals. We were able to prevent that. We continue to prevent that and these stories must be told so that in the end, the narrative would be precisely the children do not belong to jail, that children deserve a second chance.

Magandang umaga po sa kanilang lahat. Maraming salamat po.