The move in decreasing the age of criminal responsibility

As the famous quote of our national hero, Dr. Jose P. Rizal, states “The youth is the hope of our
future”. That is why our State enacted laws to protect and prevent children from harm and keep
them away from anything that will prevent their growth as a good citizen of this country.

Under RA 9262 or the Anti-Violence Against Women and Their Children Act of 2004, children
are referred as those below eighteen (18) years of age or older but are incapable of taking care
of themselves as defined under RA No. 7610, it includes the biological children of the victim and
other children her care. Under Republic Act 9344, child in conflict with the law refers to a child
who is alleged as, accused of, or adjudged as, having committed an offense under Philippine
laws.

Under RA 9344 Section 6 which states the minimum age of responsibility, a child fifteen (15)
years of age or under at the time of the commission of the offense shall be exempt from criminal
liability. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she has
acted with discernment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.

However, a bill is being filed by Representative Pantaleon D. Alvarez changing the minimum
age of responsibility. The present law would be amended to read: "A child nine (9) years of age
and above but below eighteen (18) years of age shall likewise be exempt from criminal liability
and subjected to an intervention program unless he/she is determined to have acted with
discernment, in which case he/she shall be subjected to appropriate proceedings in accordance
with this Act.

On the other hand, the United Nations had sent a letter to Representative Pantaleon Alvarez Jr,
urging him not to lower the minimum age of criminal responsibility as this move would only
further expose children to violence in prison facilities and instead lead to further re-offending.

“Research shows that lowering the age of criminal responsibility and punitive criminal justice to
youth offences has negative consequences; including risks of being used in criminal activities at
increasingly younger ages, compromising completion of education and access to opportunities
for vocational skills, and stigmatizing them as criminals and exposing them to further violence,
neglect and social exclusion,” UN states.

The UN envoy cited research in neuroscience that shows “the human brain is not fully
developed in its capacity for cognitive functioning and emotional control until well into the period
of young adulthood. When we expose children to toxic stress or violent environments – such as
in prisons – this will have irreversible damages to their brain architecture and create high long-
term financial costs for families and the government.”

Amidst with these changes in the law, the state should not disregard the other aspects which
the children also need in their growth as an individual and a citizen of this country – education,
health and security.