Cebu solons, police officials support lowering of age of criminal liability

CEBU, Philippines - Some congressmen and top police officials in Cebu welcome the proposed amendment to the Juvenile Justice and Welfare Act or RA 9344 to reduce the age of criminal liability to 11 years old.

Republic Act 9344 exempts all minors aged 15 and below from criminal liability and those aged 16 to 18 were declared exempt if they acted without discernment and modified the penalty if they did act with discernment.

Civil liability remains in all cases but children without criminal liability are automatically released. For minors aged 16 to 18 who acted with discernment, a set of procedures has been prescribed.

Cebu Sixth District Congressman Luigi Quisumbing told The FREEMAN that amending the law would somehow hamper criminals from using minors in their illegal activities.

“Minors are being used by criminals and it destroys their innocence and it affects them psychologically,” Quisumbing said in a phone interview.

Also, he added, adequate facilities for juvenile delinquents must be established.

In a separate interview, Cebu First District Congressman Eduardo Gullas also welcomes the proposed amendment, saying it would lessen minors involved in crimes.

“I am looking into the entire picture and not just a portion of it,” Gullas said.

Also, Cebu South District Congressman Tomas Osmeña agrees with the move of Sen. Vicente “Tito” Sotto III but said he would follow with whatever the stand of his wife, Cebu City Councilor Margarita Osmeña.

“I don’t deal with issues directly but I will go with whatever her stand,” he said.

The lone lady councilor of the Cebu South District is the chairman of the Commission of the Welfare of Children and initiated the Operation Second Chance, which houses minors who are in conflict with the law, in Barangay Lahug, Cebu City.

It is not only congressmen who are backing Sotto’s move, as police officials are also agreeing with the proposal.

Senior Superintendent Louie Oppus, deputy regional director for operations, also said that this issue is not just a police matter.

“We do our part but it goes back to the basic unit of the community (the family) there is something that the LGU should be looking at,” Oppus said

Senior Superintendent Patrocinio Comendador, provincial director of the Cebu Provincial Police Office, said this would minimize street crimes committed by minors. Comendador said that with the availability of information nowadays, minors are very well informed of what is right and wrong.

On 2007, the provincial director personally handed his position paper to Senator Francis Pangilinan, the author of the law, during a press conference at a hotel in Cebu City.

“I did not suggest any age, but personally ganahan ko ibalik sa una kato gyu’ng nine years old,” he said.

Senior Superintendent Melvin Ramon Buenafe, city director of the Cebu City Police Office, said that the PNP is helpless in arresting and detaining minors who are caught stealing, robbing or even vending illegal drugs because of the law.

“We have been complaining about it since before kay the PNP is helpless nagdumili man ang balaod nga ma-filan sila ug kaso and they are being used as panagang sa criminal groups,” he said.

The Senate is set to deliberate on the proposed amendments of the law, which was signed by former president Gloria Arroyo in 2006.

Sen. Sotto announced last Friday that the Senate Committee on Justice, which already approved his proposal, is set to render a report before the plenary.

Sotto had said a counterpart bill at the Lower House is sponsored by Laguna Rep. Edgar San Luis.   An increase in the number of crimes committed by minors has been reported since the law was passed, including drugs, armed robbery and assault. (FREEMAN)