Children, advocates slam lowering age of criminal liability as anti-poor

Children from various communities and child rights organizations on Saturday slammed  as anti-poor the pending legislative measure at the House of Representatives lowering the minimum age of criminal responsibility to nine years.

Under House Bill 8858, which the Committee on Justice approved on Monday, only a child nine years old and below at the time of the commission of offense would be exempted from criminal liability.

Meanwhile, those above nine years old but under 18 years old would be exempted from criminal liability unless the minor acted with discernment.

Currently, House Bill 8858 is undergoing the period of interpellation at the plenary.

Jansan Bordaleza, 17, of the Association of Rights of Child in Southeast Asia (ARCSEA), underscored that children only commit petty crimes such as theft or robbery due to poverty.

"Marami pong mga kabataan na lugmok sa kahirapan dahil ang mga magulang nila ay walang magandang trabaho. Ang mga kabataan ay napipilitang gumawa ng masama, lumabag sa batas, ang ginagawa nila ay pagnanakaw o pagkupit. Ang ninanakaw nila ay mga pangunahing pangangailangan na para pandagdag kita sa magulang, pangkain sa mga kapatid... Hindi na nila alam ang gagawin kaya napipilitan silang kumapit sa patalim," Bordaliza said at a press conference at the Commission on Human Rights (CHR) in Quezon City

The proposal to lower the age of criminal responsibility is indeed targeting the poor children, he said. "Malinaw na malinaw, kabataang maralita ang tina-target nito."

For her part, Children Rehabilitation Center Children's Collective (CRC) spokesperson Aaliyah Haban, 13, said that children in conflict with the law are mere victims of poverty and should not be punished but should be given a chance to be reformed.

"Ang magandang gawin sa kanila ay i-rehabilitate at hindi ikulong dahil may kakayahan pa silang magbago at mapaunlad ang kanilang mga sarili. Ang kailangan ng mga batang ito ay tulong at suporta galing sa pamahalaan, hindi ang pagkukulong o pagpaparusa," Haban said.

Bordaleza also expressed worry about what the authorities would do to children caught committing crimes.

During the same press conference, various child rights advocates decried the proposed measure and called for the proper implementation of the Juvenile Justice and Welfare Act as well as stronger government support for rehabilitation of children in conflict with the law.

"What the government needs to do is implement and strengthen JJWA and its  2013 amendments. As a social worker, we know that children have the capacity to change as long as they are guided by appropriate and quality programs needed for them to realize what they have done wrong, along with their and their family's education. Most importantly, decent jobs and livelihood that address their poverty should be a topmost priority," Madella Santiago, executive director of ARCSEA, said.

The children and child rights group also appealed to the Senate to oppose the measure.

"We appeal to the Senate and challenge them at the same time. Lowering the age of criminal responsibility is not the solution to the problem of criminality and peace and order nor will it steer the children away from criminality," CRC officer-in-charge Frances Bondoc said.

"We urge our senators, who have yet to vote on this proposed bill, listen to the voices of children! To the senators who want the minimum age of criminal responsibility lowered to 12, we are telling you not to prioritize that but instead fully implement the Republic Act 9344. We also appeal to the public, let us unite against the passage of this bill that render our children as criminals," Bondoc said. — MDM, GMA News