Hontiveros opposes lowering minimum age of criminal liability

Senator Risa Hontiveros on Thursday opposed calls to lower the minimum age of criminal liability.

Speaking at the Kapihan sa Manila Prince Hotel, Hontiveros said she is open, however, to amending Republic Act No. 9344, or the Juvenile Justice and Welfare Act.

"Tutol ako sa pagpapababa ng minimum age for criminal responsibility," Hontiveros said.

(I oppose lowering the minimum age of criminal liability.)

"Pero sang-ayon ako na dapat i-review at i-evaluate at kung kinakailangan i-amend para palakasin yung Juvenile Justice and Welfare Act lalo na sa usapin nang pagmamandato at pagsuporta sa mas komprehensibo at epektibong intervention at diversion programs sa mga children in conflict with the law kasama mga nakakagawa ng heinous crimes sa mga kapwa bata tulad nang sa Tacloban and always, always based sa principle ng best interest of the child," she added.

(But I agree that we need to review and evaluate the Juvenile Justice and Welfare Act to strengthen it, especially in terms of mandating and supporting comprehensive and effective intervention and diversion programs for children conflict with the law including those who committed heinous crimes.)

Calls for the amending and lowering the minimum age of criminal responsibility echoed following the fatal school shooting in Tacloban City.

On Thursday, the mother grade 9 student Joyancee Separa, one of the victims, expressed support for the proposals.

"May mga gaps sa current legislation na hindi timely at epektibong nae-equipt ang iba't-ibang ahensya na i-disrupt at harangin at hulihin ang malign actors sa digital spaces...Nagsisimula na kami mag-usap na punuin ang gaps in terms of amendment sa mga kasalukuyang batas o pagsasabatas ng bago rin," she added.

(There are gaps in our legislation that hamper agencies to disrupt and arrest malign actors in the digital space. We're starting to discuss ways to address this including amending laws or legislating a new one.)

On June 22, two minors aged 14 and 15 opened fire inside San Jose National High School in Barangay San Jose, killing three 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 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. — RSJ, GMA News