Bill seeks to lower age of criminal liability

MANILA, Philippines - A senior administration lawmaker is seeking to lower the age of criminal liability to 12 years old for children who are found to be part of street gangs.

“We live in dangerous times. Criminals are becoming younger, more cunning, and less concerned about the legal repercussions of their actions. Scoundrels of society have opted to take advantage of the youth,” Iloilo City Rep. Jerry Treñas said as he pushed for the passage of House Bill 3815, the Protection against Juvenile Criminal Exploitation Act.

He said minors have been recruited to join criminal juvenile organizations (CJOs) under the guise of being called “fraternities” or any other term that gives them a semblance of legitimacy in the eyes of the public.

Under Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006, minors 15 years of age and below are exempted from criminal liability, and the law only allows criminal punishment for minors above 15 to below 18 years of age if it is proven that they acted with discernment.

“Unfortunately, criminals have taken advantage of this law by employing minors to do their bidding,” Treñas said.

“Gangs recruiting minors and requiring them to kill people as part of their initiation rites are already prevalent in the United States and Latin America. It seems that this deplorable culture of introducing children to violence and lawlessness has already reached Philippine shores,” he added.

Under HB 3815, any person violating the provisions of the proposed statute, including minors aged 12 and above who acted with discernment, shall be criminally liable.

Any minor who belongs to a CJO, aged 12 and above, who performs a grave felony, as defined by the Revised Penal code, or a prohibited act punishable by death or life imprisonment under special penal laws, is presumed to have acted with discernment.

The penalties range from six months to 20 years without prejudice to additional penalties that may be imposed if the person is found to be a principal by inducement or to have conspired in any crime that was committed by any member of a CJO.

The penalties would depend whether the convict is a minor, organizer, maintainer and operator of the CJO, profiting from its operations, or commanding or encouraging the commission of the crime, including parents or legal guardians who violate the provisions of the proposed law.