Tacloban School Shooting Exposes Gaps in Juvenile Justice System

MANILA, Philippines — The mother of a girl who was killed in the Tacloban school shooting turned emotional and lamented the lack of criminal liability for the 14-year-old minor accused of shooting her daughter. Jennelyn Badoria, mother of 15-year-old Joyancee Separa, virtually attended yesterday the Senate hearing on the proliferation of online harmful content that allegedly influenced the suspects – alias “Nash,” 14, and “Rod,” 15 – who opened fire in their school, killing three students, including Badoria’s daughter. Seeking reforms, Badoria expressed frustration over how the minors would only be placed in a child reform facility instead of facing what she believes should be proportionate punishment. “The one who shot my child supposedly has no criminal liability… But that child killed someone, killed a person. So what, they will just be placed in Bahay Pag-asa?” she said. She agreed with Sen. Raffy Tulfo’s opening statement that minors who commit heinous crimes should be detained in a facility separate from Bahay Pag-asa, where children undergo counseling and intervention for reformation. “So they would also feel the pain, the punishment they deserve. They should be disciplined too,” she said. Tulfo lamented that only 28 of the 117 Bahay Pag-asa have complied with the standards set by the Department of Social Welfare and Development (DSWD), and that only 33 of the 82 provinces have the child reform facility, with Tacloban having no Bahay Pag-asa. He revealed that there are 1,026 incidents of “unauthorized departures” of children in conflict with the law from these centers. “I believe they should not be mixed with hardened criminals. Everybody believes that. But the message that every action has consequences should not be lost… We should show that every wrongdoing has a corresponding punishment,” he said. DSWD Secretary Rex Gatchalian said he will defer to Congress on possible amendments to the Juvenile Justice and Welfare Act, including proposals for a separate facility for minors who commit heinous crimes. During the hearing, police Staff Sgt. Arla Paciencia, owner of the pistol allegedly used in the shooting, admitted she brought her nephew “Nash” to a firing range despite being a minor, saying she only wanted to show him the facility as he aspired to become a police officer like her. Paciencia said the suspect later broke into her home and stole her 9mm Glock pistol, which was kept in a locked cabinet. “He forcibly damaged my locker. It was locked. My house was locked as well… It was in good faith. I believed it was safe at that time, since I’m the only one staying in my own house,” she said. The police sergeant said she was not aware of any prohibition on minors from entering firing ranges, prompting Hontiveros and Tulfo to criticize her for being a negligent guardian who influenced the minor to have violent tendencies. One victim’s sister, Janica Bituin, said “Nash” was a best friend of her brother, but this did not stop him from shooting the victim in the back. Another parent, Rolando Lapidario, described his daughter as a hero for blocking a door and being shot in the thigh. Both injured students are recovering. At the end of the hearing, Badoria stressed that the parents and guardians should be held accountable, particularly Paciencia for allegedly influencing her nephew to use her personal firearm. Believing that the minors were also “victims” of their parents’ negligence, she said: “I understand what the child went through. But what was the reason he ended up like that? Lack of proper guidance. I want the parents to be held accountable, especially the owner of the gun. She was the one who taught him how to use a firearm.” Malacañang vowed justice for the victims, with officials confirming that President Marcos extended more than P1 million in financial assistance to affected families. Families of the deceased received P150,000 each, while the 18 students who suffered injuries were given P50,000 each. – Alexis Romero, Bella Cariaso