Drop criminal liability age for minors

CEBU, Philippines - The Department of Justice Criminal Code Committee presented proposed amendments to the Criminal Code of the Philippines during a consultation yesterday.

In their presentation of the new criminal code book 1, Assistant Secretary Geronimo Sy, chairman of the Criminal Code Committee, said the amendments will include Philippine jurisdiction of cases involving Filipinos abroad and the lowering of the age of criminal liability of minors from 15 to 12.

Assistant Solicitor General Marissa Guillen, who discussed the scope of the jurisdiction issue, said under Section 4 of the new Criminal Code of the Philippines, the Philippines will have jurisdiction over the assailant even if the crime was committed outside the country.

“Crimes committed outside the Philippines by any Philippine citizen, or entity registered in the Philippines. Crimes committed outside the Philippines against a resident of the Philippines. Crimes against national security or interest committed outside the Philippines,” the new code read.

Guillen cited bigamy as an example, as some Filipinos get married abroad even if they are still legally married here.

For the criminal liability, Sy said under the new code 12-year-olds will now be liable for crimes. Sy said they came up with this as minors have willfully committed grave crimes like gang rape, among others, in the past.

However, Sy clarified the minors will not be detained with hardened criminals but in another cell.

Regarding appeals of the acquittal of cases involving minors, Sy said it does not mean it will result in double jeopardy.

Sy used the drug case as an example. He said sometimes judges dismiss the case not on the merits of the case but due to consideration.

He said with the new code, the dismissal of case can be appealed before the Court of Appeals for the determination of its merit.

Under the new code those who cannot incur criminal responsibility are minors under 12 years old; insane persons proven to be totally deprived of the mental ability to appreciate the criminality of one’s conduct; persons acting in self-defense or in the defense of another; a person who inadvertently cause injury while performing a lawful act with due care; a person acting under lawful order or authority; a person compelled to act by reason of fear, force, intimidation or threat; and a person who in order to avoid an imminent injury, causes injury or damage.

The forum was attended by representatives from the National Bureau of investigation, Bureau of Immigration, Board of Pardons and Parole, Bureau of Corrections, Parole and Probation Administration, Land Registration Administration, Public Attorney’s Office, Office of the Solicitation, Philippine National Police, non-government organizations, local government units, the Integrated Bar of the Philippines and members of the academe.

IBP-Cebu City Chapter President Earl Bonachita questioned the appealed case. He said it would be “double jeopardy” if the state will appeal the dismissal of a case involving a minor.

“Instead of setting them free kay na-acquit dili na nuon kay naa pa’y appeal,” he said.(FREEMAN)