Senators: Punish parents, exploiters instead of children

MANILA, Philippines — Two senators on Tuesday opposed President Rodrigo Duterte’s move to lower the minimum age of criminal responsibility as a way to combat criminality, saying their exploiters and delinquent parents are the ones that should be penalized by authorities.

Senators Leila De Lima and Grace Poe both expressed opposition to moves in Congress to lower the MACR from to nine years from 15.

Both senators said the solution to the country’s problems with criminality was not lowering of the age of criminal responsibility but vigorous law enforcement operations and proper implementation of laws, especially the Juvenile Justice and Welfare Act, which the president assailed Monday as having allegedly created a generation of criminals.

“Let's not punish our minor delinquents. Let's punish the adult criminals and syndicates who lure and exploit them and the parents who wantonly neglect them,” De Lima, who described her opposition as “unflinching and unqualified”, said.

On Monday, Duterte criticized Sen. Francis Pangilinan for authoring Republic Act 9344, which adjusted the age of criminal responsibility from nine to 15 years old.

"Ang ginawa ni Pangilinan, I'm so sad over this sordid history of our country, pinasa niya 'yung Juvenile Offenders Act at binaba niya ang edad sa kinse," Duterte said.

The law, which was passed by Congress and signed into law by President Gloria Macapagal-Arroyo in 2006, states that a child who is 15 years old or younger at a time of the crime shall be exempted from criminal responsibility and instead be subjected to a government-designed intervention program.

“The solution is not the lowering of the MACR, but the full effectuation of the language and spirit of the Pangilinan Law, a beautiful law. No excuses this time, the favorite being the paucity of resources esp. at the LGU level,” said De Lima who is currently detained at Camp Crame for allegations the she benefitted financially from the trade of illegal narcotics at the New Bilibid Prisons when she was the Justice secretary.

De Lima said that principles of human rights dictated that children who ran afoul of the law should not be treated as criminals but as victims themselves.

She also emphasized that the citizens and the government had collective responsibility to ensure that the youth was spared from “a bleak future.”

De Lima also threw jabs at the government and said that for the sake of the country’s children and the next generation the culture of “bloodbath, lies, and impunity” should end.

Poe also supported the punishment of parents who neglected their children which led to their involvement in criminality.

She said. “Mas dapat patawan ng parusa ang mga magulang kung napatunayan na sila ay pabaya!”

She added that the government should improve its investigation capacity to catch syndicates that took advantage of children in their criminal acts.

“Dapat ang isaayos ay ang sistema ng imbestigasyon para matunton ang mga sindikato na nag-uutos sa mga bata. Sila ang dapat tutukan, hanapin at ipakulong ng batas, silang mga nagsasamantala sa mga bata para gamitin sa krimen,” she said.

For Poe, it was unconscionable that children who did not fully understand the situation and were exploited by adult criminals would be “mercilessly” punished.

Poe said: “Lalo na ngayon na itinutulak nila ang death penalty, matitiis ba nating makitang patawan ng parehong parusa ang isang 9 na anyos na bata katulad ng ipapataw sa mga nakatatanda? O di kaya bitay o habambuhay na pagkakakulong?”

She also debunked the notion that children today were more mature because of their exposure to social media.

“Ako ay may anak na 12 anyos at mga pamangkin. Kahit ginagaya ng bata ang ginagawa ng nakatatanda, pinatutunayan lang nito na dapat ang tutok ay sa pag-alaga, ehemplo at gabay sa kanila,” she said.