Even at 12 years old, CHR still opposes lowering age of criminal responsibility

The Commission on Human Rights reiterated on Thursday its opposition on lowering the age of criminal liability, urging the government to stop using children as a cover-up in the inefficient implementation of the juvenile justice law.

“We must stop shifting the burden to children and start addressing lapses in the law’s implementation; providing better support and guidance to children; as well as stricter means to curb syndicates and individuals who feed on our children’s vulnerabilities,” CHR spokesperson Atty. Jacqueline de Guia said in a statement.

De Guia made the remark after the House of Representatives approved on second reading the bill lowering the age of criminal responsibility to 12 years old from the earlier proposed nine years old. 

De Guia criticized the measure, saying it violates the government’s obligation to protect the rights of children.

“Adjusting the proposed age of criminal liability from nine to 12 is not an act of compassion nor is it aligned with the government’s responsibility to uphold its obligation to protect the rights of children, including the most vulnerable and marginalized,” she said.

De Guia said the government should instead focus on ensuring the Juvenile Justice and Welfare Act, which set the age of liability to 15 years old, is fully implemented and gets appropriate funding.

Among its provisions is the mandate for local government units to build and maintain Bahay Pag-asa facilities that can confine delinquent children.

But De Guia, citing CHR data, said only 58 have been constructed while only eight were accredited by the Department of Social Welfare and Development in 2018.

The new version of the House bill is now aligned with Senate President Vicente Sotto III's proposal of 12 years old as the minimum age of liability for children in conflict with the law.

Sotto's Senate Bill 2026 bill states that a child below 18 years of age but above 12 at the time of the commission of the crime would be held criminally liable and subjected to the appropriate proceedings, unless proven that he/she acted without discernment.

The DSWD has also suggested that the age of liability be lowered to 12 years old, as this was in accordance with international standards, provided the agenda of the law was to guide the child to change and be able to return to the community. —KBK, GMA News