With the news that there was an alleged marijuana smoking among some Sanggunian Kabataan delegates who stayed at a local hotel, many are asking and clamoring for the scrapping of the SK altogether.
The intent of the SK law is laudable, as it is for leadership formation among the youth. But lately, it has been a source of controversy, in view of the fact that it has strayed from its original intent.
In fact, as events unfold, it has become the breeding ground of future leaders who think that a public office is a privilege to which they are entitled to enjoy and abuse with impunity. These SK members have no appreciation of the fact that “A public office is a public trust.”
When these youthful offenders — who are probably below 18 or referred to as minors — smoked marijuana, did they know that what they were doing is against the law? Or were they complacent in the fact that they were minors, thus, cannot be placed in jail? Can the juvenile justice system be exploited so as to escape the penalty imposed on adults or those of legal age?
In the case of Declarador vs. Gubaton G.R. No. 159208, Aug. 18, 2006, wherein a minor student stabbed his teacher 15 times, the student was found guilty of murder with the qualifying circumstance of either evident premeditation or abuse of superior strength.
Under Article 248 of the Revised Penal Code, as amended by Republic Act (Rep. Act) No. 7659, the imposable penalty for the crime is reclusion perpetua to death, thus, the Supreme Court ruled that the minor-accused was disqualified from availing of suspended sentence, as provided under Rep. Act No. 9344 took effect on May 20, 2006. Section 38 of the law merely amended Article 192 of P.D. No. 603, as amended by A.M. No. 02-1-18-SC, in that the suspension of sentence shall be enjoyed by the juvenile even if he is already 18 years of age or more at the time of the pronouncement of his/her guilt.
The other disqualifications in Article 192 of P.D. No. 603, as amended, and Section 32 of A.M. No. 02-1-18-SC have not been deleted from Section 38 of Rep. Act No. 9344.
Evidently, the intention of Congress was to maintain the other disqualifications as provided in Article 192 of P.D. No. 603, as amended, and Section 32 of A.M. No. 02-1-18-SC.
Hence, juveniles who have been convicted of a crime the imposable penalty for which is reclusion perpetua, life imprisonment or reclusion perpetua to death or death, are disqualified from having their sentences suspended. So these youthful offenders can still go to jail if convicted.
However, when the youth of our community stray, the adult leadership should re-examine the manner in the implementation of the SK Law and family values because the guiding and counseling hand of the adults is key to the success of rearing our youth for responsible citizenship, leadership, and nation building.
