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Lowering the Age of Criminality and Political Culture in the Philippines

During the review of the Philippines’ human rights record before the UN Human Rights
Council on 8 May 2017, numerous states called on the authorities to refrain from lowering the
minimum age of criminal responsibility and instead ensure the effective implementation of the
Juvenile Justice and Welfare Act of 2006. But going back, during the 2016 election campaign, it
can be remembered that President Rodrigo Duterte vowed to lower the crime rate in the country.
One of the president’s promise and as part of his promise was to lower the minimum age of
criminal responsibility.

Last, January 28, 2019, the House of Representatives already approved and gave
its ok signal on the bill that would lower the minimum age of responsibility from ages 15 to as
young as 12 years old. The proposed bill is currently in process of reading in order for it the be
approves as a law. If this bill would be approved by the Congress, the proposed legislation
would amend the Republic Act 10630, which sets the minimum age of criminal liability at 15
years old.

Under the child and youth welfare code of the Philippines, the child is one of the most
important assets of the nation. Every effort should be exerted to promote the welfare and enhance
the opportunities for a useful and happy life. In the Philippines kids are considered as a priority
in the family. It has been part of our culture to take and prioritize the welfare of every child
especially in the family.

According to the Philippine constitution, molding of the character of the child start at
home. Every member of the family should strive to make the home a wholesome and harmonious
place as its atmosphere and conditions will greatly influence the child’s development. Lowering
of the age of criminality in the country is a big contradiction on the core values and traditions of
the country. It would create a big impact to families because it would greatly seem that lowering
of crime age is not for the welfare of the children of the country.

In the Philippines a person is considered as a minor when a person is still 18 years old
below, which means that he is still not fully capable of making his or her decision on her own. It
could not be denied that it has been part of the Philippine culture to greatly give importance to
the kids in the family. Elders are expected to be a role model in order to give the child the ideas
on how to become a proper citizen in the country. But in reality, elders are sometimes the cause
on why kids are going into the wrong direction. With this being said, it is still not considered to
be right on lowering the criminal age in the Philippines because it destroys the idea of kids
having the freedom. Ages 9-12 are the years where kids starts to develops and start to explore
and going to jail is not a great place in case a child commits mistakes. These ages are a time
where parents are responsible in developing the core values of a child.

It would seem to be barbaric if a child that is still exploring and developing would go to a
cruel place just as the jail if he commits a mistake. In the Philippine culture it has been part of
our tradition to reprimand a child if he commits a mistake, the parents should be the one to teach
a kid the values that he should acquire doing his early years. Lowering the criminal age in the
Philippines would be a contradiction under the general principles of the Philippines which is to
be brought up in an atmosphere of morality and rectitude for the enrichment and strengthening of
his character.

Every child has the right to protection against exploitation, improper influences, hazards,
and the conditions or circumstances prejudicial to his physical, mental, emotional, social, and mental
development.

Lowering the criminal age is a direct act of exploitation to the welfare of a child. This bill
will only corrupt the mind of children here in the country. There is a great possibility that the bill
will not lessen the crimes committed in the country but it will only create a disruption between
the people and the government. It has become part of our culture to treat a child as if it is a
fragile thing that should be taken care of and if the bill would pass as a law it would only create
confusion between the practices of the people and the bill created by the government.

The proposed bill on lowering the criminal age in the Philippines would only create
degeneration on the social values that has been established for the past year. There would be a
possibility that the long practiced tradition on how to raise a child collapse because it would
create confusion to parents.

We are still unable to know the effects of lowering the criminal age in the Philippines
because it would also need time for us to discern if the bill created a positive or negative effect
on the people. As long as the bill is not yet passed as a law, people can only guess the effects of
the newly proposed bill. There is a great possibility that it would greatly affect the practices of
the Filipino people especially on child raising because even the idea of a child going to jail for
committing crime gives chills to other people especially to those traditional people. It would be
somewhat a taboo for a kid aged 12 and at such a young age to suffer in jail. However, there is
also a possibility that with the newly proposed bill it would create a possible effect towards that
people and would remind them that our culture and practices towards child raising is already
unable to sustain to what a child should learn during his early age. It would also give and open to
the possibilities that parents would be reminded that they should enhance their practices in
raising a child in order to sustain it needs especially in our society nowadays where criminals
ages are also lowering.

References:

- Cepeda, M. (n.d.). House panel OKs bill to lower age of criminal liability to 9 years old.
Retrieved February 8, 2019, from https://www.rappler.com/nation/221497-house-panel-
approves-bill-lowering-minimum-age-criminal-responsibility-january-21-2019
- Chan, J. G., & Robles, C. (n.d.). Retrieved February 8, 2019, from
http://chanrobles.com/childandyouthwelfarecodeofthephilippines.htm
- Nicolas, R. R., & Nicolas, R. R. (n.d.). PHILIPPINE POLITICAL CULTURE. Retrieved
February 8, 2019, from
http://www.academia.edu/6853602/PHILIPPINE_POLITICAL_CULTURE
- Philippines: Lowering criminal age to 12 will ‘endanger ... (n.d.). Retrieved February 8,
2019, from https://www.amnesty.org/en/latest/news/2019/02/philippines-lowering-
criminal-age-to-12-will-endanger-childrens-lives/
- Tomacruz, S. (n.d.). Why experts strongly oppose lowering the age of criminal
responsibility. Retrieved February 8, 2019, from https://www.rappler.com/newsbreak/in-
depth/222628-reason-experts-strongly-opposing-lowering-minimum-age-criminal-
responsibility

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