Manila bishop says age of reason not same as discernment

MANILA, Philippines — Manila Auxiliary Bishop Broderick Pabillo clarified the difference between the ages of reason and discernment after a lawmaker argued that if children below 9 years old could receive their first communion, they should already be subjected to the justice system.

“So many people say that ages nine to 12, wala pang discernment (have no discernment). Majority of Filipinos are Catholics, my question is how old is a Catholic when they take their first communion?” Rep. Arnolfo Teves Jr. (Negros Oriental) asked during his arguments in favor of the controversial bill lowering the age of criminal responsibility, which passed in the House of Representatives on third reading on Monday. 

But for Pabillo, the Church defines the age of reason as the age a child is able to understand the significance of the Holy Eucharist. 

READ: House OKs bill lowering criminal responsibility to 12 on final reading

Normally, children can take their first communion by the age of seven, which is known as the “age of reason” in the Catholic Church. But this is not a strict number and may be delayed depending on the cognitive development of the child.  

Teves, who was voted in favor of the bill, used this comparison to make a point that it is fair to assume that minors can discern right from wrong. 

“As far as the Church is concerned, there are two factors that define the age of the reason," Pabillo explained to Philstar.com in an interview.  "Primarily, it's so they can distinguish this is not ordinary bread, but the body of Christ,”

He said understanding what is a sin and is not is also a function as confession is a requirement for Communion. "But it does not mean they are already capable of committing a 'mortal sin,'" he clarified.

In the Catholic theology a "mortal sin" is one that can lead to damnation if one does not repent before death. 

Some mortal sins include murder, rape, prostitution and polygamy, among others.

“It does not mean na pwedeng nang gawing criminal ang mga bata (it does not mean you can make the child a criminal),” Pabillo said. 

Catholic Church speaks up

The controversial bill states that minors as young as 12 years old who commit serious crimes “with discernment” would be mandatorily confined at Bahay Pag-asa — youth care facilities mandated by law to offer rehabilitation and intervention to children in conflict with the law.

Discernment, as defined by the Rule on Juveniles in Conflict with the Law, is the “capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act.”

But for the Catholic Church, children cannot be held to the same expectations as adults when it comes to crimes.

“Sa batas di pwede sila mag trabaho, di sila pwede magkasal, di sila pwede pumirma ng kontrata (Under the law, they can’t work, they can’t marry, they can’t sign a contract),” Pabillo said.

The Catholic Church had already taken a stand against the proposals to lower the age of criminal responsibility as early as 2017, shortly after President Rodrigo Duterte started speaking publicly about wanting the Juvenile Justice Act amended.

“The purpose of the law is laudable, its present provisions, beneficial,” the Catholic Bishops Conference of the Philippines said in a statement signed by Lingayen Dagupan Archbishop Socrates Villegas, former CBCP president. 

“The sins and failings of the young and immature should not mar the possibilities of one’s future or stand forever in the name of an honorable and noble reputation that can, in later years, be very well built,” they said. 

The statement added, “the fact that criminal elements make use of youngsters up to fifteen years old to commit crimes is no argument against the present benevolent provisions of the law but about the resoluteness of criminals in using even the young for their purposes.”

According to a Social Weather Stations survey released on Tuesday, majority of Filpinos believe the age of criminal responsibility should be pegged at 15 years old.

READ: Minimum age of criminal responsibility should be 15 — poll 

The measure is currently being taken up in the Senate, where proponents are also advocating setting the age to 12 years old.