Introduction

This paper aims to look at R.A. 9344 or the Juvenile Justice and Welfare Act from a Critical Legal Studies (CLS) standpoint. Before we discuss our views and contentions, we believe that it would be in everyones best interest if we give a short background on what R.A. 9344 and CLS are.

The Juvenile Justice and Welfare Act of 2006 (also known as Republic Act 9344) was unquestionably a step in the right direction. It raised the age of criminal responsibility from nine (9) years old as mandated in Article 12 of the Revised Penal Code to fifteen (15) years old. This move was more in compliance with Article 1 of the United Nations Convention on the Rights of the Child which states that a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier 1 and Article 40 of the same which states that children who are alleged to have violated any penal laws should be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society. 2

Critical Legal Studies or CLS as it is popularly known is a movement or school of legal thought which began in 1977 in the University of Wisconsin Madison, when a group of legal scholars

1 2

Article 1, UN Convention on the Rights of the Child, 1989 Article 40, UN Convention on the Rights of the Child, 1989

began hosting annual conferences and workshops in their attempts to explain the indeterminacy of the law based on a number of reasons.

It is important to emphasize at this point that before R.A. 9344 was enacted, Article 12 paragraph 2 stated that any person under nine (9) years of age is exempt from criminal liability. Paragraph 3 of the same Article also stated that A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Article 80. 3

To put it very simply, before R.A. 9344 was passed, children from the age of nine (9) can be arrested and detained like adults. R.A. 9344 is deemed to be a more rehabilitative and childfocused justice system since it clearly advocates for the eventual reintegration of the child into society without such child having a stigma of being a minor delinquent.

Article 12, Paragraph 3, Revised Penal Code of the Philippines