Juvenile justice, anti-animal maltreatment signed into laws

MANILA, Philippines - President Aquino has signed into law a measure that seeks to protect youth offenders and a bill that imposes harsher penalties on those who maltreat animals.

The two measures were signed into law by the President last Oct. 3

Interestingly, Republic Act no. 10630, which amended the Juvenile Justice System and Welfare Act of 2006, did not change the minimum age of criminal responsibility, which remains at 15.

This means that a child who is 15-year old or under at the time of the commission of the offense shall remain exempt from criminal liability. However, the offender shall be subjected to an intervention program of the government.

Some sectors had called on Congress to amend the provisions on the minimum age of liability, noting that offenders are getting younger.

The Social Welfare department, however, is not in favor of such amendment, believing children in conflict of the law are also victims.

Malacañang, nevertheless, believes that the law has enough provisions to address the concerns of all sectors.

“There are enough provisions in the existing law that would balance the concerns of some who are in favor of lowering the age of liability,” Deputy Presidential Spokesperson Abigail Valte said.

She noted that the measure that reached the President’s desk was the version agreed upon by the two chambers of Congress.

A child above 15 years old but below 18 years old can also be exempt from criminal liability and be subjected to an intervention program unless he has acted with discernment.

The exemption from criminal liability, however, does not include exemption from civil liability.

The new law also creates regional Juvenile Justice and Welfare Councils to ensure effective implementation of the law in the local level.

A new provision about serious crimes committed by children exempt from criminal responsibility has been added.

A child who is above 12 years old up to 15 years old and who commits serious crimes shall be deemed neglected child and will be placed in a special facility called Intensive Juvenile Intervention and Support Center.

Serious crimes include parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery, with homicide or rape, destructive arson and car theft.

Repeat offenders, or children who have committed crimes more than three times, will also be considered neglected children and must undergo intervention programs supervised by social welfare offices.

Those who exploit children for the commission of crimes will be slapped with the maximum penalty prescribed by law for the crime committed.

Meanwhile, Republic Act no. 10631 amends the Animal Welfare Act of 1998 to protect and promote the welfare of animals, including their physical and psychological well-being.

The law bars the torture, neglect and maltreatment of animals and the holding of dogfights and horsefights.

It also prohibits the procurement of animals to be tortured or deprived of adequate care, sustenance or shelter and the maltreatment

The same law also bars the maltreatment or use of animals for research and experiments that are not authorized by the Committee on Animal Welfare.

Any person who subjects any animal to cruelty, maltreatment or neglect, upon conviction by final judgment, will be imprisoned for one year and six months and one day to two years and/or a fine of up to P100,000 if the animal dies.

Offenders will be slapped with a jail term of one year and one day to one year and six months and/or a fine of up to P50,000 if the animal survives.

A violator will be punished with slapped with a jail term of six months to one year and/or a fine of up to P30,000 for  subjecting an animal to cruelty, maltreatment or neglect but without causing its death or incapacitating it to survive on its own.

An alien who violates the law will be immediately deported after the service of sentence.

A jail term of two years and one day to three years and/or a fine of up to P250,000 will be imposed regardless of the animal’s condition if the offense is committed by a syndicate, one who makes business out of animal cruelty, a government personnel or where at least three animals are involved.

Under the old law, violators were only slapped with imprisonment that lasts form six months to two years or a fine of P1,000 to P5,000 or both.

The signing of the new law was announced after a video showing three women torturing a puppy to death surfaced online.