Group backs criminal liability for juveniles

CEBU, Philippines - The Philippine Mental Health Association is supporting the move to lower the minimum age for criminal liability arguing that children aged 15 and above should already be punished for criminal offenses.

“They should answer for the crime,” said PMHA secretary Dr. Edwin Menguito in yesterday’s forum held at the Philippine Information Agency-7.

Proposals to amend the Juvenile Justice and Welfare Act of 2006 came up after a series of incidents in which the perpetrators were aged 17 and below.

Menguito also said the law must be carefully reviewed and studied.

The contested provisions of the law states: “A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.”

“A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.”

But Menguito said that since more children as young as 12 years are committing crimes, it is but logical that the definition of a minor who cannot be criminally charged must be lowered to at least 15 years old.

Menguito also said children should also realize that they are not exempt from punishment if he or she has committed a crime.

He, however, suggested that the punishment must also be based on the evaluation of the psychologist or psychiatrist.

“It must also be evaluated by case-to-case basis. Kinahanglan naa’y recommendation from the psychologist,” he said.           

PMHA chairwoman Glenda Basubas also said that some criminals use minors in their operations as they are spared from any liability. – (FREEMAN)