Senator Robinhood Padilla has a clear goal: to fight crime and make the country safer. His recent proposal to lower the age of criminal liability from 18 to 10 is based on this goal. He wants to hold children accountable for crimes they commit. On the surface, it looks like a bold and tough solution. But when we look deeper, this proposal might cause more harm than good.
First, let’s understand what criminal liability means. When someone is held criminally liable, it means they are responsible under the law and can be punished—possibly sent to jail. Right now, under Philippine law, children under 15 are exempt from criminal responsibility. Those aged 15 to below 18 are also exempt, unless it can be proven that they acted with full knowledge and intent. The law recognizes that children’s minds are still developing.
Yes, it is true that some children aged 10 to 18 have been involved in crimes. Some have even committed serious offenses. We cannot deny that. Some of them steal. Others are recruited by gangs. Many are even used by drug lords as couriers or lookouts. Senator Padilla is right to be concerned. He wants these children to take responsibility for their actions. He believes that if children know they can be jailed, they might think twice before committing a crime.
But we must ask: will punishing children like adults really stop crime? Or will it only create new problems?
Children commit crimes for many reasons. Some are poor. Some are hungry. Others are abused or abandoned. Many of them live in dangerous communities where crime is normal. Some are used by adults who know that children can’t be jailed. These children are not the masterminds. They are victims too.
If we punish these children like we do adults, we ignore the root of the problem. We ignore poverty. We ignore abuse. We ignore the lack of support from families, schools, and the government.
Sending a 10-year-old child to jail will not make him a better person. In fact, it could make things worse. Jails are not safe places for children. They are exposed to older criminals. They can be abused, beaten, or worse. Instead of learning from their mistakes, they might grow up angry and traumatized. That leads to more crime, not less.
There are also legal complications. If we say a child is old enough to be punished like an adult, then we must treat them like adults in other areas too. Can a 10-year-old now sign contracts? Can they work legally? That would go against our child labor laws. What about consent? If a 10-year-old is criminally responsible, can they now give sexual consent? That could weaken our laws on statutory rape. It could even be used as a defense by sexual predators who target children.
Clearly, the proposal may conflict with other laws meant to protect minors. It could open loopholes that put children in more danger.
Instead of lowering the age of criminal liability, we should improve our juvenile justice system. The Juvenile Justice and Welfare Act of 2006 already has a framework. Children in conflict with the law can be placed in rehabilitation centers. These centers aim to reform, not punish. But many of these centers lack funds, staff, and proper programs. This is where we should focus our attention and resources.
We need more social workers, psychologists, and child development experts. We need to invest in education, mental health, and community support. We must also punish the adults who use children to commit crimes. They are the real criminals. They hide behind the innocence of children.
Senator Padilla’s concern is valid. But his solution may backfire. We cannot solve crime by punishing children. We must protect them, guide them, and help them become better citizens. Society should not give up on them so early. A 10-year-old child still has a long future ahead. With the right help, that future can still be bright.
Lowering the age of criminal liability will not fix our crime problem. It will only sweep the deeper issues under the rug. We must think long-term. A child who is given hope and support today can become a law-abiding citizen tomorrow.
Let us not forget: children are not born criminals. They are shaped by the world around them. Let’s work together to make that world a better place.