A juvenile justice system must protect children. But it must also protect the public and, above all, the victims whose lives can never be restored.
The Philippines’ Juvenile Justice and Welfare Act was built on a sound principle: children who commit offenses should be rehabilitated rather than simply thrown into the adult prison system.
A child is still a child, and the law must recognize the possibility of reform.
But there is a dangerous gap when compassion is interpreted as immunity.
The issue becomes especially difficult when minors are involved in heinous crimes including murder, rape, kidnapping, robbery with homicide and other acts that leave families permanently shattered.
The victim does not become less dead because the perpetrator is young.
The trauma does not become less painful because the offender is a minor.
The law already recognizes this complexity. Children above 15 but below 18 may face criminal proceedings when prosecutors prove that they acted with discernment.
The Supreme Court has also made clear that discernment can be established through the circumstances of the crime, including its gruesome nature, the weapon used and deliberate acts before or after the offense.
Yet the recent Tacloban school shooting has exposed just how urgently the system needs examination.
A 15-year-old suspect was charged in connection with three killings, while a 14-year-old suspect was placed under intervention.
The case has prompted calls to revisit the law, including proposals to focus more heavily on intent and discernment.
This is not a call to abandon juvenile justice. It is a call to fix it.
Children must be rehabilitated but rehabilitation must not mean inadequate accountability.
Heinous crimes demand specialized facilities, serious psychological assessment, competent prosecution and meaningful consequences appropriate to the offender's age.
Justice cannot be blind to age.
But neither can it be blind to victims.
A civilized society protects children from becoming criminals. It must also protect innocent people from becoming victims.
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