RESOLVE THAT THE CRIMINAL LIABILITY BE LOWERED TO 13 YEARS OLD

By Lexia Joe Bautista of 11 St George

I am not in favor of lowering the age of liability to 13 years old, Because ages 13 to 17 are crucial part
of the development of a child. This is when they are still forming, their identity, beliefs and morality,The
concept of morality is not yet concrete with them. And they are still under their parents, they cannot also
take the responsibility. It is same with concept of them not yet allowed to own properties, they cannot
own a house, car, land titles and etc. because they are not yet responsible and eligible, the same thing
with giving them liability on a crime.
They’re still under their parents’ watch. The parents are responsible to their child’s discipline. Awareness
must be made that parents are responsible to their young child’s behavior. A child can commit an act or
omission whether punishable under special laws or the amended Revised Penal Code which is referred to
as an “Offence”. Under Republic Act 10630, offences which only apply to a child and not to adults are
called “Status Offences”. These shall not be considered as offences and shall not be punished if committed
by a child. Examples of status offences include curfew violations, truancy, parental disobedience and the
like. Lowering the age of criminal responsibility is against child rights.

Lowering the age of criminal responsibility is an act of violence against children. Children in conflict
with the law are already victims of circumstance, mostly because of poverty and exploitation by adult
crime syndicates. Children who are exploited and driven by adults to commit crimes need to be
protected, not further penalized. Instead they should be given a second chance to reform and to
rehabilitate.
Scientific studies show that brain function reaches maturity only at around 16 years old, affecting
children’s reasoning and impulse control. Proposals to lower the age of criminal responsibility argue that
children as young as 9 years old are criminally mature and are already capable of discernment. If this
was the case, then why is the legal age to enter marriage, legal contracts and employment in the
Philippines at 18 years old? A 9-year old child has not yet even reached the age of puberty and their
brains are not developed to understand the consequences of actions. Detaining children will not teach
them accountability for their actions. In order to maximize their potential to contribute to nation-
building, children must grow up in a caring, nurturing and protective environment. This requires strong
parenting support programs and access to health, education and social services as well as to child-
sensitive justice and social welfare systems. (Ms. Lotta Sylwander,2019).
 Here are 5 more reasons why the MACR should NOT be
lowered

1. Children are not little adults.

Scientific research shows that “children and adolescents differ significantly from adults in decision-
making, propensity to engage in risky behavior, impulse control, identity development, and overall
maturity.” (Psychological Association of the Philippines, 2016)

2. It will not result in lower crime rates.

According to the Philippine National Police, children commit only 1.72% of total crimes in the
Philippines. Most are petty crimes like theft, which is often linked to poverty.

3. Jail is no place for a child.

Due to lack of youth care facilities, children will most likely end up in jails where they may be subjected
to violence and abuse. Detention should be the last resort, not the first and only option.

4. Lowering the minimum age of criminal responsibility will not stop syndicates from using children.

It will encourage syndicates to use children younger than 9 or 12 years old.

5. The Juvenile Justice and Welfare Act of 2006 does not need to be amended. It needs to be fully
implemented.The law already provides guidelines on how children who commit crimes should be
handled. Contrary to popular belief, children who commit serious offenses are held accountable. But
instead of receiving harsh punishments, the child is placed in a youth care facility or Bahay Pag-Asa to
undergo intensive intervention programs supervised by a multi-disciplinary team.

Detaining children will not teach them accountability for their actions. Branding children as criminals
removes accountability from adults who are responsible for safeguarding them. If children who have
been exploited by criminal syndicates are penalized instead of the adults who abused them, we fail to
uphold the rights and well-being of children. And as I said before 13 to 17 are crucial part of the
development of a child. This is when they are still forming, their identity, beliefs and morality,The
concept of morality is not yet concrete with them. And they are still under their parents, they cannot
also take the responsibility.