House approves bill lowering age of criminal liability to 10

CEBU, Philippines - Cebu Second District Representative and Deputy Speaker Pablo Garcia’s proposal to amend Republic Act 9344 or the “Juvenile Justice and Welfare Act of 2006” is among those that were approved by the Lower House.

The House of Representatives has approved on third and final leading a bill providing “just and proficient parameters” in the treatment of children in conflict with the law, especially youth offenders who acted with discernment.

House Bill 6052, which seeks to strengthen the Juvenile Justice System in the country, seeks to amend RA 9344.

HB 6052 substituted six separate but related measures consolidated and sponsored in plenary by the Committee on Revision of Laws chaired by Pangasinan Rep. Marlyn Primicias-Agabas.

Among those measures is House Bill 2894 sponsored by Garcia which reduces the age of criminal liability to 10.

In filing his bill, Garcia noted that the Philippines have the highest age of minimum age of criminal responsibility (MACR) when compared to developed countries that have lower MACR. England’s MACR is at 10, while France is at 13.

However, the consolidated bill defines youthful offender as a child above 12 but at least 15 years of age who acted with discernment and a child above 15 years old but under 18 years of age at the time of the alleged commission of a criminal offense.

The measure also suspends the sentence of a child 12 years of age or under and a child above 12 years old but at least 15 years of age who acted with discernment and was found guilty of an offense, but mandates that the child be committed to a repository institution or to the custody of the Department of Social Welfare and Development or any duly licensed agency.

If the child failed to comply with the conditions of the repository institutions mentioned, the child would be returned to the committing court for the imposition of the penalty upon reaching 18 years of age.

If the offense charged is murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years, such child shall be presumed to have acted with discernment.

Under the measure, the Juvenile Justice and Welfare Council, which is currently attached to the Department of Justice, shall, upon enactment of the measure, be attached to the DSWD and placed under the latter’s administrative supervision.

The JJWC is also mandated, among others, to conduct, every three years, a study on the age of discernment of Filipino children which shall be the basis for legislative review of the minimum age of criminal responsibility.

For now, Republic Act 9344 exempts all minors ages 15 and below from criminal liability. Those ages 16 to 18 are also exempted if they acted without discernment, but penalty will be modified if they will be proven to have acted with discernment.

Civil liability remains in all cases but children without criminal liability are automatically released. 

An increase in the number of crimes committed by minors has been reported since the law was passed, including drugs, armed robbery and assault.

Integrated Bar of the Philippines (IBP)-Cebu City President Atty. Earl Bonachita and former IBP president Atty. Democrito Barcenas, welcomed this new development.

Bonachita has been advocating for the review of the said bill.

“It’s a good development, we have seen and observed that there are many crimes committed by the minors but they were released since they’re still minors. I believe that there will be changes in our justice system on juveniles now that this bill was passed,” said Bonachita.

Barcenas, on the other hand, who was not in favor of RA 9344, was also glad with the development.

“It (RA 9344) did not work well in matters of peace and order because minors aged 15 and 16 were used by criminals as their errand boys. Most of the minors were cooperative with the criminals in executing criminal offenses. But we could not stamp out criminality,” he said.

“I am really happy and I welcome this development. I think most of the members of the IBP and the prosecution also share the same sentiment,” he added. — (FREEMAN)