Solon pushes lower age of liability

CEBU, Philippines — Amid a series of reports involving violence in public and private schools, a senior lawmaker is pushing to lower the minimum age of criminal responsibility, or age of discernment, from the current 15 to 12 years old.

Rep. Alfredo Garbin Jr. of the Ako Bicol party-list, a lawyer by profession, said he authored House Bill No. 10334, which seeks to amend several provisions of the Juvenile Justice and Welfare Act of 2006, or Republic Act No. 9344.

In an interview with journalist Lourd de Veyra on his “Political Beat” program on One News Tuesday night, Garbin said the proposal is not intended to abandon the child-centered and restorative justice principles of the law, but would hopefully help address, or at least reduce, such incidents.

Garbin, a former chairman of the House committee on constitutional amendments, said the proposed amendment seeks to “strike a balance between protecting children and ensuring justice for victims of serious crimes.”

He said the changing environment in which Filipino children grow up, including widespread access to social media and online content, has exposed young people to information and influences at a much earlier age.

“Today’s youth are more exposed and more informed,” Garbin argued, noting that some minors may also be influenced by violent or exploitative online content, particularly when there is inadequate parental supervision.

Under his proposal, minors aged 12 and below would remain exempt from criminal liability, while those above 12 could be subjected to criminal proceedings for specified serious offenses when discernment is established.

The Garbin proposal would cover serious crimes such as kidnapping, murder, infanticide, parricide and carnapping resulting in death, as well as illegal detention involving rape or killing and certain drug offenses carrying penalties of more than 12 years.

He maintained that children capable of understanding right from wrong and the consequences of their actions should be held accountable under the law, particularly when serious offenses are involved.

For Garbin, the objective is not to punish children simply because of their age, but to ensure that the justice system can respond appropriately when minors are alleged to have committed grave offenses with discernment, while preserving safeguards intended to protect children.

He also called for greater accountability among parents and guardians over firearms accessible to minors.

Garbin said parents, guardians or individuals who provide firearms to minors, or who are grossly negligent in securing firearms, should face appropriate accountability when those weapons are used in crimes.

He emphasized that the determination of discernment would remain subject to assessment.

Garbin said minors would continue to enjoy the presumption of innocence, while the proposed framework would allow authorities to determine whether a child understood the nature and consequences of the alleged offense.

He also stressed that the proposal would retain safeguards for children, including diversion programs, parental responsibility, automatic suspension of sentence, confidentiality of juvenile records, and stronger intervention and support mechanisms for children in conflict with the law.

Garbin, however, acknowledged that implementation remains a major concern under the existing juvenile justice system, particularly in providing adequate Bahay Pag-asa facilities and sufficient social workers. — Philippine Star News Service/FPL (FREEMAN)