THE STAND OF THE ADVOCATES FOR CHILDREN AND ELDERS

INTERNATIONAL PHILIPINES,INC. (ACE IPI). ON THE ISSUE OF

CRIMINAL LIABILITY OF CHILDREN-INCONFLICT-WITH-THE LAW
INCLUDING OTHER RECOMMENDATIONS
The ACE IPI that was established in March 2006 and duly registered
with SEC and the DSWD as a non!ro"t# nonstoc$ cor!oration# is co%%itted
to achie&ing signi"cant i%!ro&e%ents in the li&es o' disad&antaged children
and elders in the Phili!!ines and to the !ro%otion and !rotection o' their
basic hu%an rights# !articularly but not li%ited to the children in con(ict with
the law )CIC*+, Its %e%bers ha&e a%!le e-!erience and training in the area
o' child !rotection# !artici!ation# wel'are and de&elo!%ent,
In the light o' recent calls to the lowering o' the %ini%u% age o'
cri%inal res!onsibility o' accused children# as e-!ressed by so%e grou!s and
the introduction o' Senate .esolution /o,200 by Senator 1rancis Escudero#
ACE IPI would li$e to e-!ress its !osition on the 'ollowing areas o' concern2
On the Settn! "# $% &e'() "*+ ') the Mn,-, A!e "# C(,n'*
Re)."n)/*t&0
3, Prior to the !assage o' the 4u&enile 4ustice and Wel'are Act o' 2006
or .A 5677# two s!eci"c researches were !resented# that o' the
Pa%antasan ng *ungsod ng Maynila in 3558 and o' the Phili!!ine
Action on 9outh :;enders in 2002, In both studies# the age o'
discern%ent has been 'ound to be at least3< years old,
ACE IPI# !resently a %e%ber o' the Phili!!ine Action on 9outh
:;enders or PA9:# shares the Coalition=s basic !osition that until
another scienti"c study or research can clearly !ro&e that the age o'
discern%ent should be lower than 3<# Section 6 o' the *aw should
be %aintained# res!ected and i%!le%ented,
2, In so%e court decisions o' so%e selected cases cited on the
sourceboo$ >The Con&ention on the .ights o' the Child and the
Phili!!ine *egal Syste%? !ublished by the Ateneo @u%an .ights
Center# the ter% >discern%ent? is re'erred to as not only the
>%ental ca!acity to understand the di;erence between right and
wrong? but also to >the ca!ability o' a!!reciating the nature and
conseAuences o' an unlaw'ul act,? This there'ore reAuires that the
!erson# to be considered cri%inally liable# %ust !ossess the
>intelligence# intent and 'reedo% o' action? in !er'or%ing such
cri%inal act,
So%e sectors in our society tend to belie&e that because o'
the increasing consciousness o' our children and youth in
in'or%ation technology# these young !ersons ha&e beco%e %ore
>intelligent?# >'ree? and >aware? o' their actions, :n the other
hand# child !sychologists ha&e obser&ed that this ty!e o'
>e-!osure? to !resentday a%enities ha&e actually caused serious
beha&ioral !roble%s in %ost children and youth their actions o'ten
!ro%!ted or dictated by !eers who are o'ten their source o'
e%otional su!!ortB sti%ulated by the e-cite%ent and &iolence in
co%!uter &ideo ga%es esca!ing 'ro% do%estic diCculties hardly
able to deci!her 'antasy and ad&enture 'ro% reality, Worse# recent
re!orts show that due to the increasing incidence o' !o&erty#
!arental neglect and bro$en 'a%ily relationshi!s# %ore and %ore
1ili!ino $ids are le't to 'end 'or the%sel&es# de!ri&ed o' e&en the
basics# e,g,# daily subsistence# clothing# education# and access to
adeAuate health ser&ices,
The long years o' indi&idual e-!eriences o' ACE IPI oCcers in
our wor$ with children in the !ast )and e&en at !resent+ reaCr% this
also, Most o' /D:su!!orted childscholars were either li&ing with
one !arent or guardian or that both !arents ha&e no regular
earnings or that they are housed in centers 'or abused# abandoned
and e-!loited children and youth, A bigger nu%ber# the outo'
schoolyouth# 36 to 38 years old# including those# who a'ter Drade 6
were unable to go to secondary schooling are 'ound >enEoying? the
streetsco!ing and %astering the >art o' SF.GIGA*?# the one thing
that they &alue %ost# no %atter what# ta$ing all the ris$# not
$nowing e-actly the i%!lications and conseAuences o' their own
acts,
On the -)e "# ,n"() /& 1(,n'* e*e,ent)0
I' our children and youth are being utiliHed as acco%!lices or worse#
>hired? to rob or e&en $ill# then there is greater reason 'or
go&ern%ent to !ro&ide the% with !rotection, They are the &icti%s#
rather than the real o;enders, Why bla%e the childrenI Why the
need to incarcerateI Con"ning the% in !enal institutions could only
!lace the% in a %ore trau%atic situation than where they already
are,
On the "the( #e't-(e) "# RA 23440
This *aw was ne&er intended to tolerate and condone the
wrongdoings o' our youth, It o!ens the !ublic eyes to the reality that
corrections can still be achie&ed through !ositi&e %easuresB that
o!!ortunities can be created to address the underlying causes o'
cri%inal beha&ior a%ong the young without being !uniti&e,
ACE IPI belie&es that the introduction o' the .estorati&e 4ustice ).4+
!rinci!les e,g, di&ersion# etc, in the i%!le%entation o' the *aw is highly
signi"cant and %uch tooneeded !articularly in gradually hel!ing
Phili!!ine society to understanding this !aradig% rather than the
traditionally retributi&e &iew o' cri%e, .4 ta$es into consideration all
those directly a;ected by cri%e i,e,# the &icti%s# the o;enders and the
co%%unity,
A CALL TO ACTION0
ACE IPI strongly !ro!oses that our *ocal go&ern%ent units and their
leaders MFST ha&e that !olitical will to actually start concretiHing
their res!ecti&e a!!ro!riate inter&ention P.:D.AMS that could
res!ond to the needs o' our CIC*, We 'urther note with ut%ost
concern that the e;orts o' %ost local go&ern%ents both 'ro% the
!re&ention and treat%ent angles are highly insuCcient at this
stage,
While it could be true that this !iece o' legislation has so%e
loo!holes# such do /:T !ertain to the %ini%u% ageissue,
Certain a%end%ents !ertaining to clarity o' the structural
%echanis% on the handling o' cicl and on %onitoring their situation
could be !ro!osed,
Alternati&es to i%!rison%ent or /onCustodial %easures )so%ething
si%ilar to the To$yo .ules+ should be de&elo!ed and considered by
our *egislators, I%!rison%ent in %ost de&elo!ing countries is
considered as the last resort, In the Phili!!ines# we ha&e 'ound it to
be costly and e&en counter!roducti&e# es!ecially 'or the CIC*,
>C.IME IS EGE.9J:D9=s JFSI/ESS? as what the /AP:*C:M once
declared, True enough# all o' us in the co%%unity %ust be
concerned# es!ecially i' a child is in&ol&ed, What really %atters is
not the lowering o' age li%its o' the CIC* neither the se&erity o' the
!enalty to be i%!osed on the% JFT on how go&ern%ent and the
co%%unity res!ond to cri%inal acts, The e;ecti&e 'a%ily
co%%unity co%bined inter&ention and assistance !rogra%s should
be %ade a&ailable to the% in hel!ing restore their dignity# allowing
the% to understand their accountability and 'acilitating the !rocess
o' rising abo&e their negati&e e-!eriences,
*et us all there'ore res!ond, The Church 'a%ily %inistries should be
strengthened, *et e&ery !arent# sibling# teacher# !arishioner# and
neighbor hel! heal their wounds o' sha%e# neglect# abuse# 'ear#
anger# de!ri&ation and trau%a, The ti%e to >change lenses? is here
and now, *ET FS ACCEPT T@IS C@A**E/DEK We owe it to oursel&es#
our children and our children=s children,