DSWD open to talks on lowering minimum age of criminal responsibility, Rex Gatchalian says

The Department of Social Welfare and Development (DSWD) is open to participating in legislative discussions on the lowering of the minimum age of criminal responsibility (MACR) for minors, Social Welfare Secretary Rex Gatchalian said on Wednesday.

“In light of recent events, the department shares the same openness of President Ferdinand R. Marcos Jr. in discussing the issue,” Gatchalian said in a statement.

“We look forward to listening and participating in the upcoming hearings in aid of legislation. Suffice to say, whatever the outcome of these hearings will be, the department will follow,” he added.

Gatchalian said the DSWD’s attached agencies – the Juvenile Justice and Welfare Council (JJWC) and Council for the Welfare of Children (CWC) – will also participate in the committee hearings to ensure that the best interest of children will be upheld in the discussions.

Lowering the minimum age of criminal responsibility for minors has been raised anew after the deadly shooting incident at a school in Tacloban City on Monday, which killed three students and left 20 others injured.

Police said the suspects – a 15-year-old and a 14-year-old – allegedly planned the shooting and even discussed Republic Act 9344 or the Juvenile Justice and Welfare Act before the incident.

Under the Juvenile Justice and Welfare Act, children aged 15 and below are generally exempt from criminal liability, while those above 15 but below 18 may be held liable if they are proven to have acted with discernment.

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

A case has been filed against the 15-year-old, police said.

President Ferdinand Marcos Jr. – who has ordered a thorough probe of the incident – is also supportive of calls to lower the minimum age of criminal responsibility.

“So alam ko, ipapatawag kami at ipapatawag din yung mga iba’t-ibang mga eksperto sa field na ito. So magkakaroon ng diskusyon at kami, tatalima kami kung ano ang magiging kahihinatnan ng diskusyon ito,” Gatchalian said during his visit to the wake of the three slain students in Tacloban City.

(As far as I know, we will be called upon, as well as other experts in this field. We will have a discussion and we will abide by whatever the fruit of the discussions will be.)

“Pero suffice to say, ang sabi ng ating Pangulo nakabukas ang kanyang isipan sa usaping ito,” he added.

(Suffice to say, the President said he is open-minded as to this issue.)

Gatchalian stressed the importance of the proper implementation of RA 9344 when dealing with cases of children in conflict with the law (CICL).

He said the DSWD’s priority at present is the strict implementation of the law and the provision of assistance to the families of the victims.

The two minors involved in the incident are in the DSWD’s custody through its rehabilitation facility for the youth. They will be given appropriate interventions as provided under the law.

“Well, nasa Rehabilitation Center for the Youth natin sila. Right now, ‘yung below 15 years old, kasi dalawa sila, magkaiba yung age bracket. Yung 14-year-old, may mga interventions yan kaagad,” Gatchalian said.

(They are staying at the Rehabilitation for the Youth. The 15-year-old, he is in a different age bracket. The 14-year-old will receive interventions immediately.)

“The social workers, based on the intake, will come up with an intervention plan. At ‘yung intervention plan na yan, hindi yan ‘yung mabilisan ha, matagalan yan. Sisiguraduhin natin na ma-rehabilitate, bago natin pagpasyahan anong gagawin sa kanya. But it will take years,” he added.

(The social workers, based on the intake, will come up with an intervention plan. And this intervention plane, it is not a quick one but a long-term one. We will make sure that they will be rehabilitated, before we decide what will be done with him. But it will take years.)

Gatchalian said the 15-year-old will undergo legal proceedings to check and assess if he already has discernment of his actions.

“Pag napatunayan na may discernment siya, then sasampahan siya ng criminal liability. May kaso ‘yan, kasong kriminal. At ‘yung judge ang magde-determine niyan,” Gatchalian said.

(If it is proven that he has discernment, then he will be charged with criminal liability. That’s a criminal case, and the judge will be the one to determine that.)

The DSWD cited a report from the JJWC which showed a consistent decrease in CICL cases in the past eight years.

Data from the Philippine National Police’s (PNP) Crime Information Reporting and Analysis System (CIRAS) showed that “reported cases peaked in 2017 at 26,850, followed by a gradual decline to 5,698 as of January to June 2025.”

The JJWC report also stated that the majority of reported CICL were adolescents aged above 15 to below 18 years old and mostly male.

The DSWD said the high rate of male CICL mirrors worldwide patterns, likely shaped by socialization, peer influence, exposure to public areas, and gaps in law enforcement visibility.

The report added that most CICL cases were driven by economic instability and the need for survival, with theft, physical injuries, robbery, rape, and drug-related cases as common cases. — JMA, GMA News