SWS: Majority of Filipinos support retaining minimum age of criminal liability at 15 years old

Results of a survey by Social Weather Stations (SWS) in partnership with the Commission on Human Rights (CHR) released on Tuesday showed that majority of Filipinos support retaining the minimum age of criminal responsibility (MACR) to 15 years old.

SWS president Mahar Mangahas said the survey had 1,500 respondents, with 300 adults each in Metro Manila, Balance Luzon, Visayas, and Mindanao. He said the survey was conducted in Metro Manila from July 13 to 16 last year, while the rest from December 18 to 22.

Respondents were asked on whether they agree or disagree in detaining a minor for the following crimes: "snatched a cellphone," "stole food," "acted as drug courier," "killed someone," and rape.

Mangahas said a median age of 15 years old was reported across all crimes.

CHR Commissioner Gwendolyn Pimentel-Gana welcomed the survey results, especially after the passage of the MACR to 12 years old at the House of Representatives on Monday.

Gana said the Senate should include the survey results in deciding whether to lower the MACR, noting her brother, Senator Koko Pimental, remains "open-minded" on the issue.

"I think the senators will actually listen. What we don't want is the law will just be rammed to the people," she said.

Net agreement

The crime of rape had a net agreement of +41 (63 percent agree, 22 percent disagree, three percent undecided) among the respondents, followed by "killed someone"  with +35 (59 percent agree, 24 percent disagree, and four percent undecided).

But Mangahas pointed out that the net agreement of +14 (49 percent agree, 35 percent disagree, and four percent undecided) for children who acted as drug couriers is because Filipinos believe the children were only used by adults to transit illegal drugs.

"For these couriers, less than half said na dapat ikulong. Half of the people are thinking 'pinilit lang 'yun' or 'may bully sa neighborhood.' That means half of the public is already saying they are not doing that for a reason," he said.

The net agreement for cellphone snatching is pegged at -34 (28 percent agree, 62 percent disagree, and six percent undecided), while "stole food" scored -76 (eight percent agree, 84 percent disagree, and six percent undecided).

Alternative actions

Among those who disagree on imprisonment, more than seven in 10 Filipinos said putting a child under the custody of the Department of Social Welfare and Development is a better alternative to imprisonment.

One in 10 said the child should be put under barangay custody, with the least respondents supported placing them in Bahay Pag-asa facilities.

CHR Commissioner Karen Gomez-Dumpit said this clearly shows the inefficient implementation of the Juvenile Justice and Welfare Act, which mandates the creation of Bahay Pag-asa facilities for delinquent children per province or highly-urbanized cities.

"The information that there is no responsibility or accountability for children who commit crimes is a false assertion," Dumpit said.

"The Juvenile Justice and Welfare Act was enacted to ensure that children who commit crimes are attended to, guided through interventions and diversion programs so that they will be redirected to be responsible members of the community," she added.

Dumpit reiterated that Congress should consider ensuring the proper implementation of the juvenile law first before proposing amendments. —KBK, GMA News