Lawmakers want to lower age threshold of youth offenders

MANILA, Philippines - Several lawmakers are seeking to amend the laws under the current juvenile justice system, primarily to lower the threshold age of youth offenders who can be prosecuted for criminal activities.

They said the move was aimed at intensifying the drive against recruitment of children by criminal syndicates.

Sorsogon Rep. Salvador Escudero III, author of House Bill 467, cited the provisions of Republic Act 9344, where children in conflict with the law aged 15 and below and those above 15 but below 18 and who acted without discernment, are exempted from criminal liability.

“This provision of the law is being exploited by crime syndicates because they know that children could not be charged with any crime under the Revised Penal Code,” Escudero said.

RA 9344 establishes a comprehensive juvenile justice and welfare system creating the juvenile justice and welfare council under the Department of Justice (DOJ).

Escudero said by amending RA 9344, children in conflict with the law will no longer be exempted from criminal liability under HB 467.

Caloocan Rep. Mary Mitzi Cajayon, author of HB 2611, and Bacolod City Rep. Anthony Golez Jr. also proposed to amend RA 9344 by restoring criminal liability of children below 18 years of age.

Cebu Rep. Pablo Garcia, however, said the law should not be repealed but rather amended by categorizing youthful offenders, with those aged nine and below as exempt from criminal liability and those above nine to 15 years old as exempt unless acting with discernment.

Garcia explained the word discernment means “the capacity to determine what is right and wrong.”

He said the Philippines has the highest minimum age of criminal responsibility, while other countries like England and France have a lower age at 10 and 13 years of age, respectively.

Garcia, author of House Bill 2894, said there are cases in Cebu where some teenage offenders bring their birth certificates to show to the police to avoid arrest.

Davao City Rep. Karlo Alexei Nograles, author of HB 3077, also sought to refine some provisions of RA 9344 to consider repeat offenders or recidivists, as neglected children who will be required to undergo an intensive intervention program supervised by the local social welfare and development officer.

Council for Welfare of Children director Elena Caraballo, however, said the minimum age of criminal responsibility should not be the lone basis for amending the existing law.

She said amendments should be evidenced and study based.

Human Rights Commissioner Maria Victoria Cardona expressed support for the efforts of the House of Representatives to improve the legal framework for the juvenile justice system.

Lead Convenor of the Juvenile Justice Network Rommel Abitria acknowledged the problems in implementing the existing law. But he objected to the proposal of lowering the minimum age of criminal responsibility, and instead proposed the strengthening of existing laws, especially on the establishment of youth homes.

George Yarto Jr. of the DOJ said there should be a clinical study conducted to determine the age of discernment.

Western Samar Rep. Mel Senen Sarmiento, author of HB 1495, had proposed the building of youth detention homes in every province and in highly urbanized cities.