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Pangilinan opposes proposal to lower age of criminal liability


Sen. Francis Pangilinan on Wednesday questioned whether the proposal to lower the age of criminal liability to nine years old was based on research, saying that such is a step backwards in the campaign to uphold and defend the rights of children. "We oppose the proposal to amend the law and bring the age of criminal liability back to nine years old... the proposal ignores our country's commitment to the UN convention on the rights of a child," Pangilinan said in a text message to reporters on Wednesday. He issued the statement after Sen. Francis Escudero said the Senate justice committee will come out with a report next week recommending the suspension of a provision in Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006, which mandates that offenders 15 years old and below be exempted from criminal liability. Escudero said they will also seek to lower the age of criminal liability to nine years old, which was the previous age exemption under the Revised Penal Code until the law was superseded by RA 9344. Calls to amend the Juvenile Justice and Welfare Act surfaced after some minors were arrested last week for allegedly victimizing taxi drivers in Guadalupe, Makati City. Three other boys, allegedly part of this criminal youth gang known as the “Batang Hamog," were also apprehended in Manila on Monday. Their common practice is to try opening doors of unsuspecting motorists idling at stoplights. Since many motorists apparently keep their doors unlocked, the boys grab anything inside the vehicles, especially bags. In one CCTV video shown on the news, a boy punched a driver in the face before running off. Based on research? But Pangilinan, who authored RA 9344, said the proposal should explain its legal and scientific basis. "Is it based on research? What study, if any, was commissioned to justify returning the age of criminal liability to nine years old or is this a proposal based on what appears to be popular with the media and some sectors in society?" he said. In contrast, Pangilinan said RA 9344 was crafted based on research studies by child rights and child psychology experts. "Can the same be said of the proposal now being brought forth? I want to hear the explanation of teh proponents and am ready to debate the matter in plenary," he said. Under RA 9344, a child who is 15 years old or below at the time of the commission of the offense shall be exempted from criminal liability but will be subjected to an “intervention program." But Escudero noted that the intervention program is not being implemented because the local government units do not have the capacity and funding to create such a program. Pangilinan, however, said the problem is not the law but the failure of government to fund and implement it. "It is a landmark piece of legislation that was for four years unfunded by the Arroyo administration. When President Aquino took over in 2010 the council tasked to oversee its full implementation nationwide had no office of its own. It only had five employees and had no appoiinted executive director," he said. "No law can hope to be effectively implemented if it is not funded. It was only when PNoy took over that the intended amount of funds for the law aas finally released. We should give the law a chance to be implemented before we even go around to amend it," he added. GMA News Online was still trying to reach Escudero for his comment as of posting time. — RSJ, GMA News

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