There's Now The Compelling Need To Amend ASAP RA9344

Oct.10,2011

There’s Now The Compelling Need To Amend ASAP RA9344

Maasin City, Southern Leyte- There is now the compelling need to amend as soon as possible RA9344 or the Juvenile Welfare Act. This law on the so-called “minors”, exempts them of criminal liabilities if they would commit criminal acts.
However, based on what were happening during the past years, many “minors” who committed crimes for whatever were the reasons were freed from criminal liabilities by not incarcerating
or punishing them. This is a strange way of considering to forgive what criminals have had committed against their fellowmen, and some crimes being committed have even involved close relatives.

The freeing of “minor” criminals sans punishments is an act of instilling tolerance to misdeed or wrongdoings which ought to be countered with arrest and jailing of the violators, not exemption. Exempting the minors who committed crimes from criminal liabilities is incurring injustice to the victims and their respective families who have been graving for the lost of their loved ones.

The illogical and intolerable consideration granted by the law on favoring the so-called “minor” criminals would only teach them to become abusive and spoiled brats,which,if RA 9344 would not be amended now the injustice suffered by the victims of crimes would then reach the uncontrollable stage that may become hard to contain by the law enforcers themselves.

If our legislators are really sincere in amending the above-mentioned law which would truly classify who are those considered as minors, in a real sense, then I would like to suggest that we start at 9 years old and below for both boys and girls. Matter-of-factly,my aforesaid suggestion of age bracket as classification for minors has coincided with what Congress has planned/proposed as reported by a Cebu-based daily.

Nevertheless,in case a 9 years old would commit a crime,he/she should be subjected to sessional rehabilitation. A psychologist or social worker who has sufficient knowledge/background on therapeutic counseling should inculcate on the concerned minor/s the importance of acquiring the virtues of patience,sacrifice,industry,determination,perseverance,endurance,hope and courage. It is likewise imperative to instill in them good christian values,good manners and right conduct,and to teach them what is right and what is wrong.


Our lawmakers should not dilly-dally in amending the Juvenile Welfare Act so that crimes committed by the so-called “minors” would not remain unabated. Enough is enough in allowing 17 years old or below guys or gals to be exempted from criminal liabilities and remain unpunished. The unjustifiable exemption is prejudicial to fair play among the victims of crimes wherein due process of law was scrapped.

The17 years olds, 16 years olds, fifteen down to twelve and ten years olds can already understand what they were doing, whether it is right or wrong. Much more if the parents of these aforesaid ages have inculcated Christian values as part of the families’ disciplines.

Hence,whenever a 17 years old and below would commit a crime for whatever reason against his/her fellowmen or against his/her own relative,he/she did it willfully as negative violent reaction towards another party. Either the crime was committed to defend himself/herself or to protect his/her life; or that she/he did it because of personal grudge, heated argument,unmet demand or quarrel. The causes might be made clear during hearings at the court where the suspects and the victims would be facing each other.

So there would be no reason at all to not amend RA9344.Discipline always involves punishment to regulate and curb bad behaviors and to make the young and adults behave with modesty and prudence coupled with the parental inculcation of Good Manners and Right Conduct to their children to make them good citizens of the country.{QMG,JR.)

SP Refiles Anti-Smoking Ordinance For Provincial Level Implementation

April 16,2011

SP Refiles Anti-Smoking Ordinance For Provincial Level Implementation

By Quirico M. Gorpido,Jr.

Maasin City, Southern Leyte-The Sangguniang Panlalawigan has refiled during its recent weekly session held at the provincial capitol here a province-wide smoke-free ordinance that is going to be implemented in all 18 municipalities thru its Chief Executives for health reasons. The City of Maasin has already its own anti-smoking ordinance which was approved several months ago and is now being implemented.

The aforesaid ordinance is actually a dormant, enacted by the SP members of the past Administration who were not re-elected during the previous May 10,2010 national elections.

The interest in resurrecting the dormant ordinance came when an NGO organization from Metro Manila named Bloomberg Initiative sent a letter to the Southern Leyte SP requesting for their support of the national anti-smoking ordinance for implementation in the province.

The positive response came from SP member Roberto Lagumbay, Chairman Committee on Health and Sanitation and was supported by the majority of his colleagues.

Abelardo Almario, Chairman Committee on Laws disclosed that the resurrected ordinance was approved during the last SP session of the Lerias Administration.However,it did not yet meet the satisfaction of publication which is a legal requirement to make it valid and effective.

He clarified that in the third reading that would be the time that the august body will comply with the requirement of publication.

Almario explained that what they were doing was similar to what Congress was and is doing.”When the terms of some members of Congress would expire, there’s a need of the same previous bill to be re-filed”, he said. He asked a colleague Teopisto Rojas, Jr. if he would agree with his explanation, which the latter has confirmed.

Nonetheless, Rojas pointed out that only a tax ordinance would need to be published in a local newspaper of provincial circulation.”A public hearing for anti-smoking ordinance would suffice”, he said.

He continued:”I believe that the said ordinance under question is not considered as a tax ordinance but rather a regulation with penal provision.Therefore, the conduct of public hearing after the refilling is enough for legal intent and purposes, which is the mandatory requirement”.

Vice-Governor Miguel Maamo, 11, the presiding officer, then urged those involved in the discussions to re-file the talk-about ordinance. Lagumbay stood up and expressed his intention to re-file it, adding that they should not delay it further.

“Since this is a provincial ordinance”, Rojas said, “we will approved it after the conduct of a public hearing akin to the Sangguniang Bayans’ordinances that before it were approved, public hearings were conducted so that whatever inputs that we are going to receive from the public will be made as parts of the amendments to the proposed ordinance.”.

Lagumbay who is in-charged of conducting the public hearings in the 4 IDs of the province implied that he has already made some schedules and has contacted the Mayors and Vice-Mayors of each municipality for such activities.

The Chairman Committee on Health and Sanitation also claimed that the lengthy discussions concerning the re-filed ordinance were considered as the first and second reading. His motion was seconded by Almario.”This ordinance”, he said, “was already deliberated many times in our previous sessions”.

The abovementioned ordinance prohibits the use, sale, distribution and advertisement of cigarettes and other tobacco products in certain places, imposing penalties for violation and providing funds thereof and for other purposes otherwise known as the smoke-free ordinance of the province of Southern Leyte.

Since not one of the 12 SP members including the 3 ex-officio members has opposed, it is apparent that the third and final reading will be unanimously approved by all SP members.(Quirico M. Gorpido,Jr.)

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