Children of the Dew

The street is a world of diverse lives, a home to many stories. In its corners, lies the tales of the children you wanted to shut in jails, but whose pleas and wonders you never wanted to hear. Is it just to accuse them as criminals when adults fail to give them the healthy, safe environment they need in order to grow as persons of the society’s norm? 

Denver and Cyrus (not their real names) lived on the streets before. They were once part-timers — beggars when the sun was up, thieves when the dark closed in. From stealing food in convenience stores to snatching bags and robbing establishments, they ran the long-winded road of criminal activities at the young age of seven and eight. Are they criminals?

Denver, age 14, was seven years old when he first ran away from home. He has lived in the streets with other street children, begging for alms. When he grew older, he learned to steal. He yanked bags of people waiting for jeepneys and ran until his feet were sore. He was brought to the DSWD six times and six times he cried in front of the social workers asking them to understand.

He is the youngest of three. His father is a fish vendor. His mother once worked in Manila as a maid but is now a full-time housewife. When his father was asked why Denver ran away from home at a young age, he said it might be because of his mother’s absence. He said he never failed to teach his children the right things; and that he made sure they have time to talk about important things. However, Denver still snuck out of their house and slept on the street.

Cyrus, on the other hand, began to live in the street after he lost his mother. He was seven years old when his mother died of kidney disease. Since then, his father started beating him; the death of his wife was blamed on his child. After a year, at age eight, Cyrus sought refuge on the street. Like Denver, he lived the life of a mendicant and eventually the life of a young outlaw. He said he was happy on the street with the rest of the kids.

There are several factors that cause children to involve themselves in criminal activities. They range from biological to sociological to psychological to psycho-social. However, no amount of theoretical explanations could describe the heart of these children whose only desire is to be attended, cared and loved. They are just children and it is what we often forget.

In 2006, a law that established a comprehensive juvenile justice and welfare system in the country was passed. Republic Act No. 9344 also known as the Juvenile Justice and Welfare Act of 2006 is supposed to create a child-friendly system of justice in handling cases of children in conflict with the law or those who we called “Batang Hamog”. Sadly, however, like any other law in this country, RA 9344 is not implemented well, if not misunderstood. There is the undying problem of lack of budget, cutting procedures short, putting children in detention together with adult criminals, nonexistent intervention and diversion programs, maltreatment from the authorities, and unobserved restorative justice. The law is supposed to protect and uphold the rights of the children in conflict with the law. However, it looks like the law only serves to appease the international treaties the Philippines has signed while the children are left to the claws of criminal impulses. 

Seven years later, the law was amended by RA 10630 which strengthens the Juvenile Justice and Welfare Act of 2006. It mandates all provinces and big cities to establish a “Bahay Pag-asa” which shall serve as a temporary holding center for the children in conflict with the law who are waiting for a court order or who do not have a legal guardian (Sec. 9, RA 10630). A year later, the Revised Implementing Rules and Regulations for the said law was released. It shall be expected that with the strengthening of the Juvenile Justice and Welfare Act, the rights and needs of the children in conflict with the law will now be served and met. 

Yet, another issue that appeared. In connection with the revision of the Revised Penal Code, the Criminal Code Committee which is responsible for the said revision has proposed to lower the minimum age of criminal responsibility from the current 15 years old to 13 years old. The news has drawn different opinions from different institutions, organizations, and government agencies. There are those who agree and there are those who do not. But shall we really entrust the lives of these children to our rotting justice system? Is punishment provided by the law the solution to the increasing number of children involved in crimes? If we think they are criminals who need to be punished, what are we then? 

Cyrus is now a high school student. He has started a new life with his grandmother who is now taking care of him. When asked what his dream is, he said he wanted to be a chef someday. Meanwhile, Denver is planning to return to school in the coming school year. He said he regretted his old life, but at the same time, he learned many things from it. He dreams of becoming a policeman who will treat children like him before with humanity. Denver said that if given a chance, he would like to help these children avoid the difficult life of being on the other end of the law. 

It is wonderful that Denver and Cyrus have been able to change into better individuals, but how about the other children who live in harsher environments? Shall we let them find their own way to remorse or shall we intervene now as adults as this is our responsibility? 

If the proposal to lower the minimum age of criminal responsibility in the country is approved while RA 9344 is hardly implemented, the future will be unnerving: the youth locked behind bars, their dreams dead in our hands in exchange for inconsiderate punishment. 

The street is a world of diverse lives, a home to many stories. In its corners, lies the tales of the children you wanted to shut in jails, but whose pleas and wonders you never wanted to hear. They are just children who we failed to give a healthy living environment. They have dreams and a future. If we stop for even a minute and listen to them, they will be saved.