PH keeps one of Asia's highest ages of criminal responsibility

The Philippines maintains one of the highest minimum ages of criminal responsibility in Asia at 15 years old, under existing law and in line with international child rights standards.

Under Republic Act No. 9344, or the Juvenile Justice and Welfare Act, children aged 15 and below at the time an offense is committed are exempt from criminal liability and are instead placed under intervention programs.

Children above 15 but below 18 may only be held criminally liable if proven to have acted with discernment.

The age threshold has long been a subject of legislative debate, with several proposals in Congress seeking to lower the minimum age of criminal responsibility. However, no measure reducing the age has been enacted.

Internationally, the United Nations Committee on the Rights of the Child has encouraged states to set the minimum age of criminal responsibility at no lower than 14 and to refrain from lowering higher existing thresholds.

Across Asia, several countries such as Japan, South Korea, China, and Vietnam generally set criminal responsibility at 14 years old for at least some offenses. Indonesia’s minimum age is 12, while Singapore’s is 10.

In Europe, the age varies. Germany, Italy, and Spain set criminal responsibility at 14, while the Netherlands and Scotland have a minimum age of 12. England and Wales maintain one of the lowest thresholds in Europe at 10.

The United Nations has said that a minimum age below 12 is not internationally acceptable and has urged states to progressively raise the threshold.

In its 2019 General Comment on children’s rights in the child justice system, the Committee on the Rights of the Child reiterated its recommendation for countries to move toward a minimum age of at least 14.

The Juvenile Justice and Welfare Council (Juvenile Justice and Welfare Council) has defended the Philippines’ current threshold, citing medical and psychosocial research showing that children aged 15 and below have not yet reached full developmental maturity.

The issue resurfaced after the Philippine National Police (PNP) on Tuesday backed calls to amend the Juvenile Justice and Welfare Act and lower the age of criminal liability to 12.

The renewed push followed the fatal shooting at San Jose National High School in Barangay San Jose, Tacloban City, on Monday, where three teenage students were killed.

The suspects were identified as minors aged 14 and 15.

During the same press briefing, Palace Press Officer Undersecretary Claire Castro said President Ferdinand Marcos Jr. is open to proposals lowering the age of criminal responsibility.

“Wala pa pong napag-uusapan tungkol sa edad, pero kung anumang version ang maipapasa ng Kongreso, titingnan po ‘yan ng Pangulo,” Castro said.

(There have been no discussions yet on the specific age, but whatever version Congress passes will be reviewed by the President.)

Selected countries’ minimum age of criminal responsibility:

• Philippines — 15
• Japan — 14
• South Korea — 14
• China — 14
• Germany — 14
• Italy — 14
• Spain — 14
• Vietnam — 14 (for serious offenses)
• Indonesia — 12
• Netherlands — 12
• Scotland — 12
• Singapore — 10
• England and Wales — 10

— MCG, GMA News