September 15, 2005

U.S. Rep. Bob Filner, Chairman

U.S. Philippine Friendship Caucus

2428 Rayburn HOB

Washington, D.C. 20515-0551

Dear Hon. Filner:

             On behalf of the Filipino-Americans in the U.S., our families in the Philippines, and Overseas Foreign Workers residing abroad, we are seeking your support in our global effort to address the urgent issues concerning Philippine Children in Prison and the gross violation of human rights.

             As reported by CNN/ITN this past August, thousands of children could be potential victims of abuse, sodomy and rape by being detained with adult criminals in subhuman conditions.  A petition to Save the Philippine Children in Prison (see attached petition) was launched in response to this very disturbing report, and the Philippine President, who is currently also presiding at the UN Security Council Summit, has been advised of our global initiatives and recommendations to help resolve the issue (see Attached Letter to the President).

            We understand that the U.S.-Philippines Friendship Congressional Caucus is a bi-partisan group that focuses on issues that affect Filipino-Americans. We are also aware that the House Appropriations Subcommittee on Foreign Operations allocates U.S. foreign assistance to countries around the world, including the Philippines. 

            We would very much appreciate the help of US-Philippine Friendship Congressional Caucus in pushing for positive reforms by proposing that U.S. Aid to the Philippines be allocated to programs that will meet the needs of poor and marginalized children as well as those programs that protect human rights as an incentive, once the Philippine government has performed the following specific measures that address our global concern:   

·     Support the immediate passage, enforcement and funding of the Comprehensive Juvenile Justice Bill

·     Strengthen and enforce  restorative justice principles for Children in Conflict with the Law, provide adequate funding for use and renovation of vacant government buildings to serve as juvenile detention or rehabilitation centers, and develop support programs for young offenders and their families  

·     Issue a Presidential Directive to ensure that the following policies are observed, when dealing with Children in Conflict with the Law, as previously recommended by PREDA to the UN Committee on Human Rights:

1)      That the officer conducting the preliminary examination ensures that the appropriate contact details of the Public Attorney’s Office (PAO) are sent to the accused together with the subpoena and Affidavit of Complaint in the event the child's family cannot afford private legal representation. 

2)      That the officer conducting the preliminary examination ensures that the contact details of the accused juvenile, including his place of detention, are sent to the PAO together with the subpoena and Affidavit of Complaint in the event the accused child cannot afford private legal representation.  

3)      That where an accused claims to be a juvenile and objectively has the appearance of a child, the burden of proving the age of the accused should shift to the State. Such an accused should be treated appropriately as children who have come into conflict with the law from the time of apprehension to the time the State has proved otherwise. 

4)      That any efforts made to establish the age of an arrested person be noted in the custodial investigation report of the arresting officer in order to provide clear evidence that due effort to ascertain the age of the accused was made. 

5)      That the arresting officer be required to record in the child's custodial investigation report whether handcuffs or other instruments of restraint were used, and if so, the reasons for their use.  

6)      That the arresting officer be required to record in the custodial investigation report any efforts that had been made to contact both the parents or guardians of the child and the Department of Social Welfare and Development (DSWD). 

7)      That the arresting officer be required to record in an arrested minor's custodial investigation report precise details of the physical and medical examination. 

8)      That the relevant police officer be required to record the reason for failure to submit an arrested minor for a physical and mental examination in the minor's custodial investigation report.

9)      That the police be required to include in an arrested minor's custodial investigation report a statement that they adequately informed an accused of his rights upon arrest. 

10)   That any such statement be witnessed by an attorney or a social worker acting on behalf of the minor. 

11)   That all post-arrest interviews take place in the presence of either a qualified social worker or legal counsel. 

12)   That the investigating police officer be required to record on the custodial investigation report the names of those persons in attendance at the post-arrest interview and all other relevant circumstances. 

13)   That all statements signed by the child at his post-arrest interview be witnessed in writing by the social worker or legal counsel in attendance. 

14)   That the minor be afforded the opportunity to appear at the inquest investigation, to submit controverting evidence and to question the legality of his detention  

15)   That the minor be afforded legal representation at the inquest investigation where he cannot provide his own 

16)   That, where possible, a judge be required to preside over the inquest investigation stage when a minor is accused of an offense. 

17)   That before deciding whether or not to sign any waiver under Section 7 of Rule 112 of the Revised Rules of Criminal Procedure, the accused minor be explained the contents thereof by his legal counsel. 

18)   That any waiver under Section 7 of Rule 112 of the Revised Rules of Criminal Procedure, whether signed by the minor or not, be witnessed by the minor's legal counsel. 

19)   That in the case of children detained in custody, a fast-track procedure be introduced to ensure that their arraignment and trial is disposed of expeditiously and within the exact time limits prescribed by law and only with limited exceptions.  

20)   That if the convicted person was a child at the time he committed the offense, he is to be entitled to avail of the suspension of sentence provisions of PD 603 provided that he is still under the age of 21 when he is convicted. 

21)   That there be a positive statutory obligation on an arresting officer and/or the jail authorities to commit all minors to the care of DSWD or to the nearest appropriate Youth Detention Center or Youth Rehabilitation Center from the time of arrest.

22)   That  Family Court Judge representatives be appointed to assume the duties of the Family Court Judge in relation to jail visits in accordance with the Supreme Court Circular on the Special Treatment of Minor Detainees and Jail Decongestion, and to report their findings to the Family Court Judge who shall take the appropriate action. 

23)   That in provinces or cities where no Family Courts have been established, representatives of the local Regional Trial Court be appointed to assume the same duties as the representatives in recommendation 22 above, and to report their findings to an appointed judge in that territorial jurisdiction. 

24)   That Local Government Units (LGUs) be required to immediately implement their legal obligations and establish Youth Detention Centers in every province and city in the Philippines. 

25)   That the Department of Social Welfare and Development (DSWD) be required to implement its obligations to establish Youth Rehabilitation Centers in every Region in the Philippines.

26)   That the use and applicability of the “Katarungang Pambarangay” be expanded to include cases where there is no private complainant and cases involving offenses punishable by less than six years imprisonment and fines up to PhP 30,000. 

27)   That any court order which relates to a minor in jail, particularly an order for the release or transfer of a minor, be given directly to the jail officer present in court for immediate enforcement.  

28)   That separate guidelines taking into account the age and circumstances of the child should be introduced for the setting of bail for CICL.

We hope that you will consider our urgent request for support, and help push the Philippine government to take immediate action in protecting the children from further prison abuse. .  

                                                                                    Sincerely,

                                                                                    Jocelyn H. Bruce, M.D. 

                                                                                    President & CEO, NANAY Inc.

                                                                                    NANAY Philippines Committee

                                                                                     On Behalf of Global Filipinos

cc:  

US Rep. Darrel Issa (California)

US Rep Robert Scott (Virginia)

US Rep Kendrick Meek (Florida)  

US Rep. Steve Rothman (New Jersey)  

Contact Information 

Telephone 305-981-3232

FAX 305-981-3231

Postal address

659 N.E. 125 Street, North Miami, Florida 33161

Electronic mail:  joybruce@aol.com   elsabayani2003@yahoo.com