Lower criminal age of responsibility?

Fully implement Juvenile Justice law first

There are still a lot of misconceptions of the Juvenile Justice and Welfare Act – that the child
always gets away with whatever crime he or she does but its not true,' says Juvenile Justice and
Welfare Council policy and research officer Jackielou Bagadiong

MANILA, Philippines – The full and proper implementation of the Juvenile Justice and Welfare
Act, not the lowering the age of criminal responsibility, will help children at risk and in conflict
with the law from committing crimes, Juvenile Justice and Welfare Council (JJWC) policy and
research officer Jackielou Bagadiong said on Thursday, August 23.

“The JJWC advocates for the full implementation first of the law because there are still
a lot of misconceptions of the Juvenile Justice and Welfare act – that the child always
gets away with whatever crime he or she does but its not true,” Bagadiong said during
the Department of Education’s first national child protection summit.

Bagadiong said proposals from lawmakers on lowering the age of criminal responsibility
from 15 years old to a “compromise” of 12 years old relied on reports that “hype” the
idea of children in conflict with the law. (DSWD chief: Lower age of criminal liability 'anti-
poor,' won't curb crime)

Lawmakers earlier proposed to lower the criminal age of responsibilty, saying adult
criminals purposely make use of youth to commit heinous crimes, knowing they cannot
be held criminally liable.

“The child still has this liability but we don't detain them because given the current state
of our jails, it wouldn't be possible, it would harm our future generation if we do that,”
she said.

Republic Act 9344 or the Juvenile Justice Law of 2006 sets the minimum age of criminal
liability at 15 years old. This means that those between 15 to 18 years old may be
detained in youth centers and go through rehabilitation programs. Those under 15 years
old are exempted from criminal liability and undergo intervention.

To put children in jail would be like putting them in “schools of crime,” Bagadiong said.

“Our jails in the Philippine setting (are) what we can call school(s) of crime. If a child
enters jail, one can be assured that when he or she comes out, she will have had a
network of criminals that can assist him or her later on,” she said.
There are a number of bills in the House of Representatives seeking to lower the
criminal age of responsibility. A counterpart bill seeking to exempt children under 12
years old from criminal liability has also been filed in the Senate.

UNICEF: Implement the Juvenile Justice

Law fully and effectively

MANILA, 20 May 2019 – Today, the Senate will debate the proposal to lower the
minimum age of criminal responsibility.

UNICEF supports the call of the Council for the Welfare of Children, civil society
organizations, professional associations, child protection experts, well-meaning citizens,
parents and the youth: Do not to lower the minimum age of criminal responsibility.
Congress must support the full implementation of the Juvenile Justice and
Welfare Act. Children in conflict with the law are already victims of circumstance,
mostly because of poverty and exploitation by adults. Children need access to
rehabilitation services because they deserve a second chance. They need to be
protected and not further penalized.

UNICEF makes this urgent call today – on the 13th anniversary of the Juvenile Justice
and Welfare Act – and reiterates its commitment to promote the rights of all children,
including children in conflict with the law and children-at-risk. As we celebrate this
milestone, let us be reminded that all children must be treated with dignity and
accorded their inalienable rights with utmost respect and protection. 

Adopted on 20 May 2006 and amended in 2013, RA 9344 or the Juvenile Justice and
Welfare Act (JJWA) promotes the creation of a child-friendly justice system focused on
rehabilitation and restoration rather than punishment. It upholds the basic principle that
a child must not be treated as an adult as enshrined in the United Nations Convention
on the Rights of the Child (CRC) signed and ratified by the Philippines: "the child, by
reason of his physical and mental immaturity, needs special safeguards and care,
including appropriate legal protection, before as well as after birth."

The law makes it clear – without a doubt – that there is a need for a separate
juvenile justice system where detention is the last resort. The erring child must be
rehabilitated and reintegrated into society if the child must take responsibility for his or
her action and mend the broken relationship with the community and the victim. 

The proper implementation of JJWA has led to many success stories (Children Not
Criminals) proving that children in conflict of the law can be rehabilitated without
resorting to imprisonment or detention. UNICEF has been working with local
governments, civil society organizations, executive and administrative bodies, the
Supreme Court, and children themselves to fully implement the law to protect children’s
rights – whether the child is the victim, the offender, or a community member.

JJWA is as a response to the 2009 Concluding Observations of the United Nations

Committee on the Rights of the Child and the fulfilment of the Philippines’ obligation to
the CRC. The law was recognized and nominated among the best laws and policies to
secure children’s rights in the 2015 Future Policy Awards organized by the World Future
Council, in partnership with the Inter-Parliamentary Union and UNICEF. 

But beyond the accolades and the recognition of the international community, the value
of this law lies in how it has changed the lives of many Filipino children who were
given a second chance in life. The JJWA does not see children in conflict with the law
as criminals. Rather, it regards them as victims of their circumstances. This law has
given these children hope – to change, to become better, and to work for a brighter
future.

Despite limited resources and support, the implementing bodies and civil society groups
are doing their best to strengthen and improve the system. UNICEF commends the
efforts of these implementing bodies, including the Juvenile Justice and Welfare
Council, in their efforts to fully and effectively implement the law. It is hoped that the
JJWC will continue to align with children’s welfare and be driven by the best interests of
the child. UNICEF continues to work with child rights groups in safeguarding the rights
of children and ensuring access to rehabilitation opportunities. 

Recently, there have been efforts to undermine the impact of the Juvenile Justice and
Welfare Act by proposing to lower the minimum age of criminal responsibility. Using
misleading information, there are those who claim that the law has failed. But this is not
a fact. The law cannot fail if it is fully and effectively implemented. Lowering the
minimum age of criminal responsibility is not the answer. Putting children in prison or
detaining them will only cause more harm to the child and to the community. 

UNICEF urges the Philippine Government to celebrate the 13th anniversary of the
Juvenile Justice and Welfare Act by upholding the rights and best interests of the
children and to lead the full and effective implementation of the law. It is, without
question, an ideal policy which exemplifies the highest level of child protection. 

We call on the Government to work with child rights defenders and strengthen the
juvenile justice system for the sake of all Filipino children.

The Social Problem with Delinquency

Juvenile delinquency is one of the most serious problems within society, which is a
byproduct of modern urbanization and industrialization. This issue requires a great amount of
attention because it involves various causes and effects. Family influences such as broken
homes, malnutrition of parenting, economic instability, drug and alcohol abuse or domestic
violence are all causes that may lead to juvenile delinquency. Other social influences such as
school, peer pressure or neighborhood influences are also main causes of such issues.
According to the United States Department of Justice’s Office of Juvenile Justice and
Delinquency Prevention (OJJDP), there were a total of 32,655,677 10-18 year old adolescents
alive in the year 2009. In that same year there were 1,906,600 arrests made that involved
juveniles in that same age range. These statistics show that juvenile delinquency is a problem to
society due to the high number of arrest and crimes being committed.
Not only does delinquency affect the youth population but also the whole family and
entire neighborhoods. The juvenile delinquent is the person who suffers the most from his or
her actions; he/she may lose their freedom due to incarceration or probation while also losing
ground academically. They risk their future of obtaining a higher education when involved in
crime. Although placement in detention centers may be the proper consequence it might also
get the juvenile acquainted with more serious offenders and leads them to be influenced into
future recidivism. The trauma of having a family member involved in delinquent behavior can
create instability within the family. Not only does the family have to deal with ethical issues
such as creating more responsibility for the parents but must also deal with economic
hardships. Drug use, gang involvement, and vandalism correlate with delinquency, therefore
leaving the neighborhood unsafe and costing the city large amounts to protect.
Estimating the cost of juvenile crime is difficult; accumulating the total amount of all
direct and indirect crime (including adults and juveniles) has cost the whole nation tens to
hundred billions of dollars annually. This includes cost to the government, medical cost to
individuals, stolen or damaged property, loss of productivity to society, loss of work time and
loss of property value (Legislative Analysis’s Office, 2005). The LAO statistics show that the state
incarceration of juveniles has the highest per capita cost. Youth authority corrections cost the
state of California $32,000 per capita annually while K-12 education only receives $4,200.
No one truly benefits from juvenile delinquency. In a time of economic upturn, the
people seeking employment within juvenile corrections and prevention programs are the only
ones who benefit from adolescents committing crime.
Any adult that allows or encourages illegal behavior by a person under the age of 18 is
contributing to that youth’s delinquency. Contributing to the delinquency of a minor can be as
simple as allowing them to skip school or as complex as having a child around a home where
domestic violence is taking place. Not only are adults responsible for contributing to the
problem of juvenile delinquency, but also youth peers. Peer pressure is a huge contributor to
reasoning of why kids commit crimes.
Traditionally the juvenile justice system has employed sanctions, treatments and
rehabilitation to change problematic youth behavior after it has occurred, but it has been
proven that it is more difficult to turn them around once they are fully engaged in criminal
behavior. According to the National Institute of Justice Journal: Violence by Young People,
“prevention is more effective and less costly than treatment after the fact” (1995). Therefore,
more prevention programs have been created within schools to keep children away from drugs
and violence. This method has proven to be more effective in keeping teens out of trouble than
treatment after the fact.
There is a long road for reform within the juvenile justice system, programs and
treatments that include such large population take a while to adjust to change. We can see a
brighter tomorrow for America’s youth with programs such as Positive Youth Development
(PYD) and Trauma Informed Intervention (TII). Programs such as PYD focus on building the
strengths and assets of juveniles rather than punishment. We see more programs such as TII
that are interested in fixing psychological problems within our youth community. If we are
interested in a successful juvenile justice system we must focus on Positive Youth Development,
Trauma Informed Intervention, detention reduction, humane and rehabilitative juvenile
facilities, evidenced based practices, a focus on high risk youth, and strong partnership with the
community (New America Media, 2012).
 The communities role in this problem is to provide more adequate prevention and
rehabilitation programs for our at risk youth and delinquents as well as partnering up with the
federal and state government to create a better plan on allocating funds to these programs.

Juvenile Delinquency: What Makes Teenager Commit a

Crime?

When a minor commits a crime it is addressed differently in the court system. Special courts and
judges are set up for handling juvenile delinquency cases. This is done to protect the minors from
the harsh realities of adult court and sentencing.
 
It is the belief of the legal system that minors who commit crimes are not completely aware of their
actions. They believe the thought and decision-making process of a minor is not fully developed and
the court wishes to approach these cases in a different manner. In many circumstances, a minor can
overcome the crime that was committed and go on to lead an adult life that is crime-free.
 
It is only under special circumstances that the court will allow a minor to be tried as an adult because
the system prefers rehabilitating minors instead of punishment.

Why juvenile commit crime? What are the

Causes of Juvenile Delinquency?
 
Turning to criminal acts is often a result of other issues in the life of a minor. It is because of this the
court system tries to approach criminal acts differently with underage offenders than with adults.
 
Some of the reasons that are most common for a minor to turn to juvenile delinquency include:
 
School Problems
 
School problem is one of the causes of juvenile delinquency. There are a variety of reasons related
to schooling that can lead a minor to criminal activity. Truancy is one of the main reasons. When a
child misses a lot of schools they do not reap the benefits of education or learn the discipline of
attending school each day.
 
When a minor struggle to learn or has a parent that is simply not interested in making sure that the
child attends school regularly, that child can eventually end up in situations that lead to criminal
activity. These issues can be approached and corrected and the child can move on to leading a life
crime-free.
 
Economic Problems
 
Lack of food, clothing or a secure place to stay can also lead to criminal activity. Children will turn to
steal when they are hungry. If a minor is in a position to not have their most basic needs met, there
is a high potential for many types of criminal activity to take place.
 
Substance Abuse – Home Life
 
When there is a home life that has substance abuse taking place within the home, there is a high
risk for criminal activity by the minors in that home. Crimes may be committed to getting necessities
that are not being provided, or they may be committed to helping their caregiver support their habits.
When substance abuse is in a home there is less guidance for the minors as well.
 
Substance Abuse – Personal
 
When there is substance abuse at home there is a high risk for substance abuse in the minor and is
one of the reasons for juvenile delinquency. When a teen is using drugs or alcohol there is a
significantly higher risk for criminal activity. This is for two reasons. First, the minor will commit
crimes so that they can support their habit. The second reason is that the decision-making process
in the minor is altered and they may do things that they have not actually thought through.
 
It is much easier to influence someone to commit a crime when they are under the influence of a
mind-altering substance because they do not have the thought process to make the right decision.
 
Physical Abuse At Home
 
When a child or teen is being physically abused at home it is not unusual for them to act out when
away from home. This is generally in the form of more violent crimes against people or property.
Assaults of all types of vandalism are often associated with physical abuse at home.
 
Lack Of Adult Interaction
 
Children are influenced by those around them. That is the natural order of things. Children who do
not have an adult influence in their life to teach them right from wrong, encourage them to stay within
the law, or just be a presence in their lives are more prone to criminal activity. An adult influence
helps children make the right decision in all situations.
 
Peer Pressure – Neighborhood Influence
 
The people that the minor associates can have a dramatic effect on what choices they make when
they are away from home. Peer pressure is a very real thing, and minors will often act out in front of
their “friends” so that they feel accepted and are a part of a group and ids reasons for juvenile
delinquency.
 
In more dangerous neighborhoods you may also see children acting out in fear of gang activity.
Minors make choices to protect themselves or to impress gang members to protect their own safety.
Peer influence and personal safety can lead to a life of crime for any minor.
 
Of course, there may be many other factors that can contribute to a minor violating the law. Because
these circumstances can be the deciding factor in breaking the law or not, the court system looks
very carefully at the entire situation when reviewing a case involving a minor.
 

Why You Need The Right Criminal Attorney

For Your Juvenile
 
Any criminal case involving a minor requires the right type of legal representation. Parents or
guardians of an accused minor should seek out a Waukesha criminal attorney that has a dedicated
department to juvenile crimes. An attorney that is familiar with the juvenile justice system will be able
to provide the best representation for your child.
 
The juvenile justice system is different than the adult system. The focus of the courts is to
rehabilitate and help the child turn their lives around. However, the court must be made to
understand the circumstances of the crime and the life of the accused so that the best decisions can
be made about the case. An attorney who works with accused minors on a regular basis
understands these requirements and will be able to aggressively represent your child in court.
 
Securing quality representation from a Waukesha criminal attorney that represents minors will help
your child obtain the best possible outcome from their trial.
 

CHILDREN IN CONFLICT WITH THE LAW

On finding hope and fighting fate

MANILA, Philippines – With Congress pushing for a lower minimum age of criminal
responsibility, all eyes are now on children in conflict with the law (CICL). But while they
may be portrayed as criminals increasing in number, they are like any other children,
just learning about their lives, dreams, and hopes. (READ: Beyond juvenile delinquency:
Why children break the law)

The House already passed a bill seeking to lower the age of criminal liability from the
current 15 years old to 12 – higher than the 9 years of age that the committee approved.
The bill is still pending at the Senate but has a chance of approval when Congress
resumes in May after the 2019 elections. (READ: No time for Congress to pass bill on
age of criminal liability before polls)

Critics strongly oppose this, saying there is no scientific evidence that a lower age of
criminal responsibility will lead to less crimes. Instead of running after kids, the
government should fully implement the Juvenile Justice Act of 2006, which was later
amended and strengthened in 2013. (READ: Children in conflict with the law: Cracks in
Juvenile Justice Act)

Rappler met Angelo and Vincent, two former CICLs, who were successfully rehabilitated
and reintegrated into society, partly due to the proper implementation of the law and the
help of their communities.

The two have different cases and backgrounds, and as such, underwent different
interventions and programs.

Angelo, now 21, was accused of physical and mental abuse when he was 17. He was
subjected to a two-year community-based disposition program.

Vincent, now 18, was accused of frustrated homicide when he was 17 and underwent a
diversion program inside Bahay Pag-Asa.
Vincent, then a porter at a tiangge in Malabon, was 17 when he was charged with
frustrated homicide. It all happened after work past midnight. Vincent said and his co-
workers decided to eat after a hard day’s work but as they made their way to an eatery,
they got caught up in a riot.

"We were on our way to the eatery. We later on found out that barangay officials were
supposed to stop us because there was an ongoing riot in the area. But they weren't
able to catch us.... Two of my friends were mauled. We told the people there, 'We are
not your enemies.' I thought the man would shake my hand but he suddenly punched
me. My friends got mad and that's when a full-blown riot ensued," Vincent said in
Filipino.

During the ruckus, he stabbed another minor in the stomach. The victim survived and
charged him with frustrated homicide.

"I was about to be stabbed in the back but I dodged it. The man dropped the knife so I
picked it up and stabbed him to defend myself.... I went straight to the barangay hall to
seek assistance for my victim. I was brought to the women's desk. At the time, I was
even laughing at the police because I thought nothing would happen to me because I
was a minor. I apologized to the victim but he did not accept it. I was then brought to
Bahay Pag-Asa," he said.

Vincent admitted to being a shabu and marijuana user at the age of 13 and said he
would often hurt his parents back then.

He said he reached only third grade because his parents could not afford to send him
and his 3 other siblings to school.

At 13, he got his girlfriend pregnant but their baby died after 6 and a half months. Prior
to entering Bahay Pag-Asa, they had another baby, who is now over a year old.

"I started taking drugs at 13 years old. It continued for 3 years. My mother would always
lecture me. She would tell me that I was already so thin that I might get swept by the
wind. She would cry but I would just swear at her. I would always talk back to my father.
My siblings and I always fight. We had our first child, maybe the kid died at 6-and-a-half
months because of that. I only cared about my vices," he said in Filipino.

Vincent stayed at Valenzuala City’s Bahay Pag-Asa for 7 months.

While lawmakers, in pushing for their bill, said CICLs would not be kept in jails with adult
criminals, the conditions in Bahay Pag-Asa are still difficult for children. Conditions
depend on the quality of centers built by local government units.
“Marami po akong natutunan sa Bahay Pag-Asa pero mahirap pa rin po dahil siyempre
'di mo na kayang gawin mga ginagawa mo sa labas. Mahirap po mag-adjust (I learned
a lot at Bahay Pag-Asa but it was still difficult because of course you could not do what
you're used to doing outside. It was difficult to adjust)," he said.

This is why for some cases, community-based rehabilitation is implemented. Kristina

Ramos, a social worker in Valenzuela City, said the rehabilitation of a CICL depends on
the child’s situation and background. Some children would work well in a community-
based program, while others like Vincent, without a solid support system, are better off
inside Bahay Pag-Asa.

Ramos said they have yet to see a Bahay Pag-Asa with a school. Currently, CICLs in
these centers are subjected to the Department of Education’s Alternative Learning
System.

"We are preparing them to become responsible citizens. How can they be if they will get
used to one facility? Even if it's Bahay Pag-Asa, their movements are still restricted
there," Ramos said in Filipino.

The court ordered Vincent to first undergo a diversion program before deciding on the
case. A CICL needs to undergo it after the minor is found liable, without having to resort
to formal court proceedings.

Transformation, paying for damages

As part of his diversion program, Vincent had to attend activities and seminars on
therapeutic communication, anger management, life skills, and parenting, among
others.

Vincent himself saw his transformation. If it weren’t for the support of the local
government and social workers, he said he wouldn't know where he would end up in.

Vincent noted his personal improvement after he entered Bahay Pag-Asa. "There are
no vices there. You need to follow them. They respect and understand us. They are
also kind to us. With the help of God, maybe it happened to me because I needed to
change my life," Vincent recalled.

"My life had no direction. It's was like a dead end for me. I neglected my family. I had no
tinge of hope in my life.... If I did not enter the facility, I might be stuck in my old ways
until now. I'm thankful to them. Without them, my second chance in life would not be
successful," he added in Filipino.
Ramos shared the same view and cited Vincent's transformation in the youth center.
This, she said, prompted the court to cut short his program to 7 months. On January
2018, he was set free.