Minimum age of criminal liability retained in House-approved bill

THE HOUSE sub-committee on correctional reform has approved a substitute bill that retained the minimum age of criminal responsibility at 15 years old, although the measure also seeks to strengthen the juvenile justice law.

The sub- panel, headed by Misamis Occidental Rep. Henry S. Oaminal, approved the still unnumbered substitute bill yesterday, with only one abstention from Bayan Muna party-list Rep. Carlos Isagani T. Zarate.

Under the substitute bill, children in conflict with the law ( CICL) will automatically be turned over to the Department of Social Welfare and Development ( DSWD) for assessment if they need to be released with their parents or guardian or be placed under foster care, in a youth care or Bahay Pag-asa.

“The child who has been released to their parents or guardian or placed under foster care shall be subjected to a community- based intervention program as determined by the local Social Welfare and Development officer in consultation with [ the] child and the person having custody over the child,” the bill read.

It likewise mandates the child’s parents or guardian to undergo “intervention programs” including parenting seminars and counseling.

Under the bill, any person who will exploit children for commission of crimes will be meted with reclusion temporal or up to 20 years in prison if the crime committed is punishable by imprisonment of six years and below, while reclusion perpetua will be imposed if the crime committed is punishable by more than six years.

During the hearing, Kabayan party-list Rep. Ron P. Salo, who headed the technical working group ( TWG) on the measure, said that it will be “harsh and unjust” if the same penalties will be meted to children considering that they don’t have the full capacity yet to understand their actions.

“Considering that children do not have yet the full capacity to understand the extent and consequences of their actions, it seems harsh and unjust to judge them by the same standards society uses in judging the actions of adults,” Mr. Salo said.

Deputy Speaker Pia S. Cayetano, member of the TWG, said their output was the “one that recognizes that children are most vulnerable.”

“In the current situation, a lot of our children have been exploited, have been taken advantage of, and a lot of them have been introduced to the criminal world. And so what we tried to achieve with the bill is to address the fact that these children must still take responsibility for their acts, but at the same time, recognize that they are victims, and that they have been taken advantage of by society and those with criminal minds,” said Ms. Cayetano.

Ms. Cayateno explained that the CICL would not be subjected to criminal proceedings but they will be put under “intervention programs” determined by the state to make it effective.

“So we recognize parental responsibility but the state, through DSWD, makes a determination if the children should be left with their parents or if they should be taken away from their parents and put in these intervention programs, including Bahay Pag-asa,” she said.