Palace stands by lower criminal liability age threshold

MANILA, Philippines — Malacañang yesterday stood by the proposal to lower the minimum age of criminal responsibility despite a survey indicating that a majority of Filipinos want it to remain at 15 years. 

A Social Weather Stations (SWS) poll recently asked 1,500 respondents whether minors should be detained for snatching a cell phone, stealing food, acting as drug courier, killing and raping someone.

The SWS said among those who agreed that minors should be placed in jail for the five offenses, the median age of criminal liability is 15 years.

Presidential spokesman Salvador Panelo said the Duterte administration is leaving it to Congress to decide on whether to lower the minimum age of criminal liability.

But Panelo maintained that the proposal was intended to protect children from crime groups. 

“We will leave it to the wisdom of Congress. The President has made his position on the issue, but we always respect whatever Congress says of the matter,” Panelo told reporters.

 “The proposed law is protective of the welfare of the children,” he added. 

The House of Representatives has approved on final reading a bill lowering the minimum age of criminal responsibility to 12 years.

Panelo expressed belief that the survey respondents were opposing the bill lowering the crime liability threshold to nine years.

“If you recall, the President said he’s comfortable with 12. In other words, the age 12 was not considered in the survey. Assuming that the majority of the Filipinos would not want it, again the President will leave it to Congress,” the spokesman said. 

“I cannot understand why critics refuse to understand the bill. It’s not jailing them – it’s protecting them from criminal syndicates and punishing neglectful parents, because when you deprive custody of the parents, that’s a punishment,” Panelo added. 

A majority or 63 percent of the respondents said minors should be jailed for rape while 22 percent disagreed. More than half or 59 percent agreed that minors who killed someone should be jailed, while 24 percent said otherwise. 

About half or 49 percent said children who acted as drug couriers should be jailed while 35 percent disagreed. For cellphone snatching, only 28 percent said minors should be detained while 62 percent said otherwise. A majority or 84 percent disagreed that minors who stole food should be jailed while only eight percent agreed. 

The Senate version of the measure lowering the age of criminal liability is expected to be tackled at the plenary next week.