Magpale changes stand on juvenile law reform

CEBU, Philippines - Cebu Vice Governor Agnes Magpale had a change of heart about lowering the age of criminal liability to nine from 15.

Magpale, one of the principal proponents of the Provincial Board resolution urging Senator Francisco “Kiko” Pangilinan to amend the Juvenile Justice Act, is now opposing its reform.

Pangilinan was the author of Republic Act 9344 or the Comprehensive Juvenile Justice and Welfare Act of 2006, providing for the dismissal of cases against and the release of juvenile offenders to the custody of social welfare authorities instead.

The proposed House Bill No. 2 (Minimum Age of Criminal Responsibility Act) seeks to amend RA 9344, which set the minimum age for criminal liability at 15 years old.

The proposed HB 2, which was filed by Representative Fredenil Castro and House Speaker Pantaleon Alvarez, seeks to revert the minimum age of criminal liability to nine years old

Magpale, a top advocate for women and children, is pushing instead for the strengthening of the justice system.

"They (syndicates) will just ask somebody younger (to commit the crimes) mao ra gihapon and that will not solve the problem," she said.

“We should improve the justice system for all and not just for rape,” she added.

The vice governor is heading the Provincial Women’s Commission (PWC) and the Provincial Council for the Welfare of Children (PCWC).

“It’s a complete turn for me. But now having experienced CICL (children in conflict with the law) and having worked with the PCWC this long I’m now convinced nga we did the right thing (in helping the young offenders),” she said.

She earlier said children who violate the law should be considered victims. According to Magpale, they have rescued children who have committed murder at age 14 and committed rape at 11.

Magpale said 9-year-old children are too young and are not yet capable of discernment.

Magpale said the Children's Legal Bureau (CLB) has recently passed a resolution urging the PB to support the status quo on the juvenile justice system.

The Juvenile Justice Law states that all children in conflict with the law aged 15 and below and those above 15 but below 18, who acted without discernment, are exempted from criminal liability. (FREEMAN)