Bill lowering age of liability gets mixed reactions

CEBU, Philippines - The police, members of the judiciary, lawyers and other stakeholders here in Cebu have different views on the proposal to lower the minimum age of criminal liability from 15 to 13 years old.

The proposal was the most debated issue during a public hearing conducted by the House of Representatives Committee on Justice, led by Iloilo Rep. Niel Tupas Jr. at the Hotel Elizabeth here in Cebu yesterday to discuss two House bills that seek to strengthen the criminal justice system.

“It was a fruitful public hearing, we got the support of prosecutors, judges, even the Philippine National Police and other stakeholders,” Tupas told reporters.

He said that while some stakeholders want to retain the minimum age of criminal liability at 15 years old, law enforcement units and the prosecutors supported the move to lower it to 13.

The two bills discussed in the public hearing, which Tupas authored, were HB No. 2032, also known as the Criminal Investigation Act of 2013, and HB No. 2300, also known as the Philippine Code of Crimes Book 1, which seeks to amend the Revised Penal Code, enacted in 1932 yet.

Gov. Hilario Davide III, who is a lawyer, was among those who attended the public hearing and expressed his support to the lowering of the age of the minimum criminal liability.

He agreed with the observation of prosecutors and law enforcement authorities that crime syndicates are just using children whose ages are below what is covered under the present Juvenile Justice and Welfare Act.

“I’m glad gi-konsiderar pud na,” Davide said adding that he supports the other proposed amendments to the Revised Penal Code.

Davide said that since the enactment of the law in 1932, a lot of provisions are no longer applicable to new cases, such as cyber pornography and human trafficking.

“Timely kayo, gani dugay na gyud na dapat i-review, i-revisit and i-revise ang Penal Code,” Davide said.

The stakeholders who attended the public hearing also agreed on the proposal to remove the term “frustrated” in crimes such as murder and homicide, among others. The proposed bills provide that crimes would be classified as “consummated” and “attempted.”

Also gaining the support of attendees to the public hearing was the proposal to retain the jurisdiction of the Philippines to offenders or victims of crimes that happened in another country, as provided in the expansion of the criminal jurisdiction of the country.

The proposed Criminal Investigation Act also provides for the fusion of the power of the prosecution and the law enforcement starting right at the scene of crime, thus erasing the provision of preliminary investigation.

“Case build up, prosecutor na kaagad at saka polis, very supportive lahat doon,” Tupas said.

In his explanatory note of HB No. 2300, Tupas said that the Revised Penal Code contains antiquated provisions and deals with crimes that are now irrelevant to and fails to address current situations.

In pushing for the institutionalization of a criminal investigation system under HB No. 2302, Tupas also aimed at eliminating bureaucratic layers by making investigations more simple, speedy and efficient. —/QSB (FREEMAN)