WITH quite a number of children in conflict with the law (CICL) in the Philippines, the proposed lowering of the age of criminal liability from 15 to 12 years old has caused quite a stir among the different sectors of society.
While the government, under the administration of President Rodrigo Duterte, aims to address the worsening problem of the use of children and other vulnerable groups in syndicate crimes, pro-children groups explained that the proposal will not totally solve the issue, but will only create another problem.
Children as victims, criminals
Among the people who are constantly dealing with the different cases of children are the social workers.
In Davao City, there have been one or two assigned social workers in the 182 barangays as an effort to enhance social functioning and overall well-being, especially to the vulnerable groups directly affected by the day-to-day struggle caused by poverty.
The City Social Services and Development Office (CSSDO) Preschoolers and Children's Protection Youth Division head Gina Molon said children are victims of the situation and lowering the age of criminal liability will not solve the problem because it is rooted deeper than what people have been seeing.
“We’ve been dealing with CICL, children needing special protection. Lowering the age of criminal responsibility is not the answer to minimize or eradicate the crimes committed by minors because again, these are minors. They are victims,” she said.
Molon further explained that in their studies, they understood that the development of a nine-year-old and 12-year-old child may vary on the kind of environment and parenting the child has.
“Ang maturity, iyong knowing what is right and wrong, babalik siya sa kanyang foundation. Those who committed heinous crimes at that age may have been forced by the circumstance he or she is in,” she said, adding that most children in the country do not have a proper and nurturing development at all which made them more vulnerable in committing crimes.
According to the Philippine Statistics Authority (PSA), children are among the most vulnerable population groups in society. In 2015, 31.4 percent of children belong to poor families. This has also been the chance of children being involved in committing crimes.
In Davao Region alone, a total of 1,675 CICLs were recorded from 2016 to 2018.
Presently, the city houses more than a hundred CICLs in the Bahay Pag-Asa, which was designed to accommodate only 50 to 60 CICLs for rehabilitation.
Focus on the crib, not the jail
Earlier, Davao City Mayor Sara Duterte-Carpio said children are not all angels and that those who committed crimes should be put inside age-appropriate jail because children are capable of committing crimes and there is no excuse for underage criminal to fester.
However, the Psychological Association of the Philippines firmly believed that children aged 12 years old and below are still incapable of decision-making and it is actually the environment or system that makes them commit crimes.
Psychological center head doctor Ericson Batican said in an interview with SunStar Davao that the government should focus on making the environment conducive for children, instead of punishing them through detention.
“We noticed that most of the victims or the CICL have parental neglect. If you look very specifically sa kanilang profile, mostly, they belong to a chaotic family, walang magandang environment, yung social status medyo mababa. Makikita talaga natin na they are in that position where mas mataas ang chance nila to commit crimes,” Batican said.
“My suggestion is to make the environment conducive for bringing up children not just punishing them. We should provide a conducive environment for their holistic growth. Hindi lang ang punishment ang kasagutan to reform these children. What we need is massive rehabilitation of the society,” he said, adding that the government should “focus on the crib and not the jail”.
Batican said the children at 12 years old are still in the stage of building their personality, including the social and moral aspects.
Even non-government organizations (NGOs) that claimed to be advocates for child rights in the city have expressed dismay over the proposed bill lowering the age of criminal liability.
Talikala executive director Jeanette Laurel-Ampog said the government should focus on fully implementing the Juvenile Justice System and Welfare Act, programs and interventions to address the root cause of the problem.