Tacloban shooting victim's mom calls for lower age of criminal liability

The mother of one of the victims in the deadly school shooting in Tacloban City on Wednesday called for lowering the minimum age of criminal responsibility.

Jenelyn Badoria, mother of grade 9 student Joyancee Separa, turned emotional as she questioned before the Senate panel why the minor suspects in the shooting would only be sent to Bahay Pag-asa, a youth care and rehabilitation center for children in conflict with the law.

"Ang gusto ko lang sabihin na kung puwede, pababaan 'yung edad na puwedeng makasuhan kasi sabi ng nakabaril sa anak ko, wala siyang criminal liability," Badoria said during a Senate hearing on the June 22 incident.

(I just want to appeal for the lowering of the minimum age for criminal liability. The person who shot my daughter said he has no criminal liability.)

Bahay Pag-asa is a rehabilitation center established by local government units under the Juvenile Justice and Welfare Act of 2006 for children in conflict with the law.

Each province, city, or municipality may operate its own Bahay Pag-asa facility, usually under the supervision of the local government and the Department of Social Welfare and Development (DSWD).

The Senate Committee on Women, Children, Family Relations and Gender Equality, chaired by Sen, Risa Hontiveros, opened its legislative inquiry into the school shooting on Wednesday.

During the hearing, Senator Raffy Tulfo proposed establishing a separate juvenile detention facility for minors who commit heinous crimes.

"I agree sa sinabi ni Tulfo na puwede naman siyang makulong sa ibang pasilidad na puwede sa kanilang edad para maramdaman nila yung sakit at yung parusa na karapat-dapat sa kanila," Badoria said, speaking via online video conferencing.

(I agree with Tulfo’s proposal to have a separate detention facility for them.)

"Kapag ang bata nagkakasala, dini-disiplina at tinuturuan nang maayos at tama... Eh, 'yung bata na 'yan nakapatay ng tao, ano, iba-Bahay Pag-asa lang? Dapat may pasilidad na para sa kanila para maramdaman nila ang sakit," she added.

(When children make mistakes, they are disciplined and taught what is right. But that child killed people. Should they just be sent to Bahay Pag-asa? There should be a facility for them so they can feel the consequences.)

On June 22, two minors aged 14 and 15 opened fire inside San Jose National High School in Barangay San Jose, killing Joyancee and two other students and injuring several others.

The Police Regional Office 8 said authorities have filed a criminal complaint against the 15-year-old student involved in the incident.

The two children in conflict with the law (CICLs) have also been turned over to the DSWD office in Tacloban City.

Under the Juvenile Justice and Welfare Act of 2006, a child aged 15 or below at the time of the commission of an offense is exempt from criminal liability, but may be subjected to an intervention program.

A child above 15 but below 18 years old is likewise exempt from criminal liability unless it is proven that he or she acted with discernment.

In such cases, the law states that the child shall be subjected to the appropriate child-centered proceedings, may qualify for diversion or suspended sentences instead of imprisonment, and may invoke mitigating circumstances such as minority or lack of discernment.— MCG, GMA News