DSWD, youth council oppose bid to lower kids' criminal age

The Department of Social Welfare and Development (DSWD) expressed its objection to proposals to lower the minimum age of criminal responsibility (MACR) as the country marked the Juvenile Justice and Consciousness Week this week.

“Together with the JJWC [Juvenile Justice and Welfare Council], the DSWD firmly believes that lowering the minimum age of criminal responsibility is not the solution,” DSWD Assistant Secretary Zabedin Azis said in a press conference Monday.

The Juvenile Justice and Welfare Consciousness Week runs from November 24 to 28 with the theme “JJWA: Bata’y May Pananagutan, Gabay at Kalinga ang Kaagapay.”

According to Azis, instead of lowering the criminal age of responsibility, the government must strengthen rehabilitation efforts and support families and communities.

“We will ensure that no child is left behind and that every child who has come in conflict with the law, as well as those who have been victims of violence, is given a second chance and hope for a brighter future,” the official added.

Azis was alluding to Senate Bill 372, filed by Senator Robinhood Padilla, which seeks to lower the MACR to 10 years old for heinous crimes. 

The minimum age of criminal responsibility in the Philippines is currently 15.

SB 372 seeks to amend the existing Juvenile Justice and Welfare Act of 2006 (RA 9344). 

According to JJWC executive director Lilibeth Gallego, lowering the age of criminal responsibility will not reduce crime, noting that studies show children detained early are more likely to reoffend.

“Trauma, stigma, and the absence of appropriate rehabilitation and interventions significantly increase the risk of repeat offenses,” she said.

She added that the part of the brain responsible for rational decision-making only fully develops at around 25 years old.

Gallego also noted that many crimes involving children stem from economic vulnerabilities and survival, and that serious offenses are more commonly committed by minors aged 16 to 17.

“Hence, lowering the MACR would target the wrong age group and fail to address the core issues,” she said.

She instead pushed for child-sensitive, preventive, and restorative approaches.

She said the nearly 26,000 reported cases of children in conflict with the law in 2017 had decreased by 84% by 2024.

“The JJWC firmly maintains its position against lowering the MACR. Instead, we call for the full and strengthened implementation of the Juvenile Justice and Welfare Act,” she said.—MCG, GMA Integrated News