House approves lower age of responsibility to 12 on final reading

The House of Representatives on Monday approved on final reading the measure seeking to lower the age of responsibility of children in conflict with the law from 15 to 12 years old.

With a vote of 146 in the affirmative, 34 in the negative and zero abstentions, the chamber approved the controversial House Bill 8858, which amends the Juvenile Justice and Welfare Act of 2006 that set the minimum of age of criminal liability to 15 years old.

Under the measure, a child 12 years old and below at the time of the commission of offense would be exempted from liability.

Meanwhile, those above 12 years old but under 18 years old would be exempted from liability and be subjected to intervention program unless the minor acted with discernment.

House Committee on Justice chair Salvador Leachon, who sponsored the measure on plenary, pointed out that there is no imprisonment under the measure.

However, there will only be mandatory confinement if the age of the child who committed the offense would be above 12 years old up to 15 years old and committed serious offenses.

These offenses include murder, parricide, infanticide, serious illegal detention, carnapping, and violation of the dangerous drugs.

Children who committed these crimes, Leachon added would not be detained in regular detention cells but in Bahay Pag-asa.

The measure also laid out provisions for the construction and funding for Bahay Pag-asa, where the children who committed serious offenses will be confined.

In voting against the measure, Bayan Muna party-list Representative Carlos Zarate said the bill is "anti-child" and should be opposed by individuals who stand firm in giving children a bright future.

"Ito ay lubhang lumalabag sa karapatan ng mga bata, at ibinabaon ng panukalang ito ang tunay na dahilan kung bakit ang mga musmos ay nasasadlak sa anti-sosyal gawain upang mabuhay," he said.

"Ang totoong dahilan kung bakit ang mga bata ay tumataliwas sa mga hagganan ng batas ay ang matinding kahirapan, na lalong pinapalala ng kakulangan sa serbisyo publiko, ng maliit na badyet sa edukasyon, at sa patuloy na tumataas na halaga upang mabuhay ng disente," he added.

For his part, Magdalo party-list Representative Gary Alejano said the measure puts the blame on children even as it is the government that failed to provide them the protection they need.

"More than the syndicates, these children are victims of our government's inefficiency," he said.

"If we really want to protect them from exploitation then we must provide them adequate education, adequate health services, adequate food and nutrition, and other adequate social services to improve their, their family's, and their communities socioeconomic conditions," he added.

Originally, the proposal was to lower the age of criminal responsibility to nine years old, but it was changed to 12 years following a consensus of the majority of House members.

With the amendment on the age of responsibility, the House's version of the bill will now be aligned with Senate President Vicente Sotto III's proposal of 12 years old as the minimum age of responsibility for children in conflict with the law. —NB, GMA News