House amends bill, lowers criminal liability to 12 years old

MANILA. Members of the House of Representatives approve on second reading an amended bill lowering the minimum age of criminal liability on January 23, 2019. (Photo grabbed from House of Representatives Facebook Live video)
MANILA. Members of the House of Representatives approve on second reading an amended bill lowering the minimum age of criminal liability on January 23, 2019. (Photo grabbed from House of Representatives Facebook Live video)

THE House of Representatives has approved on second reading the bill that seeks to lower the minimum age of criminal responsibility, shortly after the measure was amended to align with the Senate version.

Both the Senate and House versions now propose that the minimum age of criminal responsibility be lowered to 12 years old from the current 15 years old.

The amendment, which was introduced by Sagip Party-list Representative Rodante Marcoleta, was made two days after the House committee on justice approved nine years old as the minimum age of criminal liability, amid strong opposition from children’s groups.

President Rodrigo Duterte said he was "comfortable" with 12 years old as the minimum age of criminal liability.

"Well, I'm comfortable with 12. Okay na ako," Duterte said in a chance interview with reporters on the sidelines of the Tricycle Operators and Drivers' Association Summit at the Cuneta Astrodome in Pasay City on Wednesday.

"If it's the final decision, I'm comfortable with it, as long as they're above 12, below 16," he added.

House Speaker Gloria Macapagal-Arroyo earlier said she supports the bill as the President wants it.

The measure seeks to amend the Juvenile Justice and Welfare Act of 2006, which provides that lawbreakers aged 15 and below are exempted from imprisonment or other punishment.

Under the amended measure at the House of Representatives, a child 12 years old and above at the time of the commission of the offense would be exempted from liability and be subjected to an intervention program, unless the child has acted with discernment.

Marcoleta introduced the amendment just before the bill was approved by the plenary on second reading Wednesday.

Duterte admitted that punishing children as young as nine years old for the crime they committed was a good idea to "instill accountability and responsibility" among them.

He likewise explained that children would not be imprisoned but would just be subjected to an intervention program.

"Alam mo bakit gusto ko iyan? You really want the rationale? Kasi ang gusto ko at that age, pati ang parents must be conscious of the criminal accountability already. Ganoong edad pa lang, inano, pukpukin na because they will be ultimately responsible. Sila ang tatamaan eh," he said.

(You know why I want that [nine years old be punished by law]? You really want the rationale? Because I want that at that age, the parent must also be conscious of the criminal accountability already. At that age, you have to closely monitor them becayse they will be ultimately responsible. They are the ones who will be affected.)

"Any violation of law ng bata ngayon at nagkulang 'yung supervision and vigilance ng parents, sila ang idedemanda. Kaya ako ang gusto ko, maaga pa lang, early in life, ganoon na nga tutal hindi naman talaga nakukulong iyan, pupunta lang iyan sa social workers para mag-lelecture," he added.

(The parents, who lack supervision and vigilance, would suffer because of the violation of law perpetrated by their children. That's why I want to discipline children early in life. And besides, they will not be jailed. They just need to attend lecture to be conducted by social workers.) (SunStar Philippines)

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