No to lowering minimum age of criminal responsibility

7 February 2019

The Citizens’ Disaster Response Center calls on the House of Representatives to retract the bill lowering the minimum age of criminal responsibility (#MACR) in the Philippines from 15 to 9 or 12 years old.

As of now, the Philippines has the Juvenile Justice Law of 2006, which must be completely and efficiently enforced. Lowering the MACR will generally affect poor children and is not the answer to criminality in the country.

The MACR is the lowest age by which a person can be charged in court and jailed.

We must not disregard scientific proof that shows that criminalizing children does not solve the issue of children doing crimes. It only strengthens re-offending. The change we want to see is the more determined implementation of the Juvenile Justice Law.

Scientific studies show that children and adolescents naturally differ from adults in decision-making, inclination to engage in dangerous acts, impulse management, character growth, and general maturity.

Therefore, a child should not be held to the same laws as adults. If we see 9 or 12-year old children as not too young to be charged for a crime and be held in jails, then why do we see them as too young to vote, get married, or drive a car?

Lowering the MACR will not result to low crime rates. According to the Philippine National Police, children commit only 1.72% of overall crimes in the Philippines. Most are minor crimes like theft, which is frequently linked to poverty.

This bill will not stop syndicates from using children. It will only embolden them to use children younger than 9 or 12 years old.

The Juvenile Justice Act of 2006 does not need to be amended. It needs to be thoroughly enforced. Now, the law specifies the protocol on how children who commit crimes should be managed. Contrary to common belief, children who commit severe violations are held liable. But rather than getting harsh penalties, the child is placed in a youth care facility or Bahay Pag-asa to go through a comprehensive intervention curriculum directed by a multi-disciplinary team.

But due to lack of youth care facilities, children will most probably end up in jails where they may be exposed to violence and abuse. Imprisonment should be the last recourse, not the first and only option.

Let us not criminalize and chastise children just because we have failed our responsibility or duty to totally implement the law. We cannot just tag them as “criminals” if we adults are not held accountable for their actions. As duty-bearers, it is our responsibility to uphold children’s rights and concerns. It is the state’s primary responsibility to provide children with guidance, education, and a nurturing environment.

We encourage the Philippine Congress and our duty-bearers in the government to incarcerate the crime syndicates who take advantage of children, not the children who need to be protected, supported, and saved. We also push for a full and active exercise of the law so that children who commit crimes and their victims are helped and supported. Instead of lowering the MACR, lawmakers should help local government units in providing prevention, intervention, and recreation plans for children.

Lowering the minimum age of criminal responsibility is not the answer.