THE House of Representatives’ subcommittee on correctional reforms on Tuesday decided to retain the minimum age of criminal liability at 15.
The group also decided to introduce other measures to strengthen the implementation of the Juvenile Justice and Welfare Act, such as penalizing the parents of children running afoul of the law.
The subcommittee made its decision as lawmakers welcomed the decision of the panel under the House committee on justice to defy President Rodrigo Duterte’s plan to lower the age of criminal liability to nine years old.
“What we have tried to do is to remove the stigma of being criminal, but all the interventions are there and being strengthened further,” said deputy speaker and Muntinlupa Rep. Pia Cayetano, a member of the technical working group on the measure.
“Even if you are as young as nine or 10, you must be responsible for [your actions]. The law in a way has been taken advantage of and gives the impression that it’s okay for these children to violate the law.”
Instead of lowering the age of criminal liability, the House sub-committee proposed amendments to Republic Act 10630 to introduce things like life imprisonment for the parents and syndicates who use children in illegal activities.
RA 10630 amended the Juvenile Justice Act to allow children aged 12 to be held criminally liable for serious crimes such as rape and murder, among other things.
The proposed amendments include stiffer penalties for parents and syndicates using children to commit a crime, such as a penalty of reclusion temporal or 12 to 20 years in prison if the crime committed by the child is punishable with six years imprisonment or less.
The committee-approved bill also provides that the punishment for the adult shall be life imprisonment if the child is ordered to commit a crime punishable by more than six years.
The substitute bill also mandates parents of minors taken into custody will also be required to attend counseling and intervention. They will be penalized if they fail to attend sessions.
It also amended the protocol on how to handle children aged 15 and below who have been apprehended for violating the law.
Under the draft bill, the children will be immediately turned over to the local social welfare development officer who will assess if it is in their best interest to be released to their guardians, placed under foster care or in a youth care facility called “Bahay Pagasa.”
Kabayan Rep. Ron Salo, who headed the technical working group that drafted the bill, said the decision of the subcommittee to keep RA 10630 almost untouched was to prevent criminals from using children as well as make children realize that they will be responsible for their actions and so discourage them from committing a crime.
Bayan Muna party-list Rep. Carlos Zarate raised the issue on funding for concerned government agencies to implement the measure.
“The weakness of the [Senator Francis] Pangilinan’s law [Juvenile Justice Welfare Act], is the funding. The current bill proposes a number of measures to be undertaken by national agencies, but how much appropriation will be given?” Zarate said.
