Republic of the Philippines

UNIVERSITY OF NORTHERN PHILIPPINES

Vigan City
COLLEGE OF LAW
QUITORIANO, CARL VINCENT D.

BACHELOR OF LAWS -

III
INTRODUCTION
Some international experts and scholars says that Philippines has the
best laws in the world. But does the praise best laws includes the
immediate delivery our justice system?
It is deem imperative to accept the distinction that Philippine has the
best laws in the world but our justice system in the country is incongruous.
Some of our laws are ardent, progressive, and responsive to the present and
concerns of our society but other laws are outdated and futile.
How can we achieve restorative justice in Philippines if our current
judicial system is "rigid, and punitive in manner?"

The 5 pillars of the

criminal

(prosecutors,

justice

system

law

enforcement,

bar

public

defenders), bench (courts), correction system, community - in each step in

the restoration of justice for all must do its function and work conscientiously
in order that restorative justice must be succeed.
How about other nations in the world? Are restorative justice in their
system adequate and responsive?

I am elated that the Republic of the

Philippines is a member-country on the Commission on Crime Prevention and

Criminal Justice, through a resolution, recommended to the Economic and
Social Council (ESC) of the United Nations Organization (UNO), the adoption
of the Basic Principles on the Use of Restorative Justice Programmes in
Criminal Matters.

Philippines, being a signatory member-country should

ensure religious adoption of this resolution.

Subsequently, in the pursuit of governments effort is to establish a
more enlightened and humane correctional system that will promote the
reformation of offenders and thereby reduce the incidence of recidivism
within

the

dimension

of

applicable

and

prevailing

laws.

Therefore,

establishing the Parole and Probation System (PPS) in the country.

RESTORATIVE JUSTICE AROUND THE WORLD
I certainly agree that modes of restorative justice must also be applied
in congruence of the present needs of the prevailing judicial system of a
particular nation so that it would facilitate easier the delivery of justice.
BALANCED AND RESTORATIVE JUVENILE CORRECTIONS
As a citizen of this Republic, I strongly agree that in order for a
balanced

and

restorative

juvenile

corrections

prevail,

accountability,

competency development, and community protection must be present in the

process of restoring ones stability and peace in an individual and society in
general.

First, accountability must be present in restorative juvenile corrections

because it take responsibility for one's behavior, and take action to repair
harm between the offender victim in a particular situation;
Second, competency development must be present so that juvenile
offenders or delinquents must at least have a meaningful avenue in the
society despite their situation in order for them to feel 1) belongingness, 2)
contribute fruitfully in the community; 3) form close relationships to the
family and community; 4) make meaningful choices for his or herself for the
society; 5) develop transferable skills contributory to self-development and
6) mentor others.
Third, community protection must also prevail for the juvenile
offenders for the reason that it lessen risks and uphold the capacity of the
community to manage behavior so that members of the community will be
living in harmony, peace, and synergy together with mutual respect and
citizens feeling.
Therefore, without these three (3) important primary goals of the
balanced approach, restorative justice to juvenile offenders will not work. It
will always remain in status quo until such time delivery of justice in the
society is denied.
CONDUCT OF DIVERSION FOR CICL IN THE PHILIPPINES
One of the pressing issues and concerns in the Philippines, are the
tremendous increase of the numbers of children in conflict of laws

otherwise known as CICL because children who happens to be an offender of

a particular crime is not penalized because of the main reason and defense
of their age with the protection of Section 6, RA 10630 otherwise known as
An Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile justice and Welfare Council under the Department of
Social Welfare and Development, Appropriating Funds Therefor, and for Other
Purposes states that a child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act. This bolsters them to be more bellicose and commit
more crimes because they know that when they are apprehended, they will
not be jailed anyway.
Is it high time already that RA 10630 be amended and be responsive to
the present needs of our society especially for those children in conflict of
laws?
As a citizen and hopeful legal practitioner, I am in favor of the
overhauling of the Juvenile Justice Law to be responsive for our children
because our law enforcers have a hard time dealing with minors who violate
the law because the Juvenile Justice and Welfare Act only allows the police to
turn over the suspects to social workers and to prevent syndicates from
using youth offenders to carry out their criminal operations.
CONCLUSION

In my own perception as a citizen and in order restorative justice shall

be achieved, the Juvenile Justice Act and 1930 Revised Penal Code that still
contains provisions which are no longer applicable to present day and even
crimes that can no longer be legally appreciated be amended to the soonest
possible time.
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