Group nixes proposal to lower age of criminal liability in PHL

An international organization is opposing the recent proposal in the Philippines to lower the age of criminal liability to nine years old. Last month, Sen. Francis Escudero said the Senate justice committee will recommend 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, who chairs the panel, said they may 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liability to nine years old, which was the previous age exemption under the Revised Penal Code until the law was superseded by RA 9344. In a text message to GMA News Online on Friday, Escudero said they have yet to complete the report because they are still awating documents from their technical working groups. But in a statement released Friday, the international group Save the Chindren said that lowering the minimum age of criminal liability is a "big step backwards" in fulfilling the rights of children in the Philippines, which is a signatory to the United Nations Convention on the Rights of the Child. “Reducing the age of criminal responsibility and putting children in jail will not solve the root causes of why children commit offences. This will neither change children’s negative behaviour nor convert them into law-abiding citizens. "These actions push them into situations of further discrimination, abuse and eventually into more anti-social behavior," said Save the Children country director Steve Ashby. Senator Francis Pangilinan, who authored RA 9344, has also opposed the proposal, saying that Escudero should first explain the legal and scientific basis for their recommendation. 'Batang Hamog' Calls to amend the Juvenile Justice and Welfare Act surfaced after some minors were arrested for allegedly victimizing taxi drivers in Guadalupe, Makati City last month. Three other boys, allegedly part of this criminal youth gang known as the “Batang Hamog," were also apprehended in Manila. 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. Save the Children, however, said what media reports do not show is the "grave" situation of these children in urban poor areas, which allegedly "drive" them to commit crimes. The group cited one of their reports which said that poverty and family violence are among the major factors that bring children at risk of offending. It added that most of the violations these children commit are petty offenses, which are usually done for survival. “The age of knowing what is right from wrong, or the age of discernment, does not depend on the physical age alone. Most children who come in contact with the law are abandoned, neglected and abused by their own parents and street adults. With no proper role models, these children do not have the necessary knowledge and skills to determine right from wrong," said Child Hope Asia Philippines president Teresita Silva in the same statement. Save the Chidren protection adviser Wilma Bañaga, meanwhile, said those tasked to implement the Juvenule Justice Law have "misinterpreted" key provisions of the law. "Children aged 15 and below are not completely absolved of any criminal responsibility. They are still made responsible for their actions through a community-based diversion program," she said. "Putting children in jail, filing cases against them, or committing them in centers exposes them to further discrimination and abuse. Should they be put in detention or in an institution, it should only be done as a last resort and for the shortest possible time," she added. 'Intervention program' 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. Save the Children, however, said that a pilot community-based diversion program for child offenders worked in 12 barangays in Cebu City. It said that of the 1,319 offenders who underwent the diversion program from 2002 to 2008, only 138 "re-offended." "Nine out of 10 children were successfully reformed and reintegrated into society. It was observed that repeat offenses were mainly due to the lack of support from the children’s parents in ensuring they maintain the changes in the behavior developed during their period of diversion," it said. The group likewise said that the Pangarap Foundation managed to lower the number of established gangs in Pasay City and Damariñas, Cavite from 50 to 20 using some community programs. It said that the Tambayan Center for Children’s Rights works has also reportedly transformed the nature of girl gangs in Davao City since their program began in 2005. "These are clear indications that the period between the ages of 15 to under-18 years old is a crucial window of opportunity for the local government, service providers and implementers to provide the support that children need to prevent them from continuing to embark on a life of crime, violence and self-destruction," said Bañaga. Further, she said law enforcement agencies should punish the adults who are using children for crimes. “It is absurd to punish children who are being ‘used and abused’ by syndicates and putting them behind bars, while these illicit groups roam free. Adults who use children for criminal activities must be made accountable for these actions," she said. — RSJ, GMA News