Comendador: Age of criminal liability must be 9

CEBU, Philippines - If Cebu Provincial Police Office Director Patrocinio Comendador would have his way, the criminal liability of minors should be lowered to nine years old.

“It is the actual age of discernment. Mao na nga edad nga ang bata maka-distinguish na which is right or wrong,” said Comendador, who, in 2007, personally handed to Senator Francisco Pangilinan his position paper against Republic Act 9344 or the Juvenile Justice Law.

Comendador is reacting to the new criminal code being proposed by the Department of Justice Criminal Code Committee, which includes Philippine jurisdiction of cases involving Filipinos abroad and the lowering of the age of criminal liability of minors from 15 to 12.

At present, Comendador said that minors as young as nine years old are already aware of RA 9344 and most of them, particularly juvenile delinquents, tend to abuse it.

With the use of modern technology nowadays, Comendador said children have more knowledge of their environment compared to the previous generations. During Comendador’s stint as Cebu City Police Office director, a lot of criminal cases were committed by minors.

The Department of Justice Criminal Code came up with this proposed amendment as minors have willfully committed grave crimes like gang rape, among others. Minors, however, will not be detained with hardened criminals but in another cell, the new Criminal Code further stipulates.

The new criminal code proposal further stipulates that the Philippines will have jurisdiction over the assailant even if the crime was committed outside the country.

On this regard, Comendador said there really is a need to modify the law so that law enforcers can already transcend boundaries.

“Especially with new crimes nowadays committed through technology, like cybercrimes, human trafficking, apil na ang concubinage and adultery,” Comendador further told The FREEMAN.

Section 4 of the new Criminal Code of the Philippines covers 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; and crimes against national security or interest committed outside the Philippines. (FREEMAN)