House passes criminal liability bill
By Charmaine A. Tadalan, Reporter
THE HOUSE of Representatives on Monday approved on third and final reading the measure lowering the minimum age of criminal responsibility to 12 years old from the current 15 years old.
With 146 affirmative votes, 34 negatives and zero abstention, House Bill No. 8858, which will amend Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, hurdled the chamber.
Albay Rep. Edcel C. Lagman, who was among those who voted “No,” argued the measure is “anti-child,” as opposed to the claims of Justice Committee Chair Salvador C. Leachon of the 1st district of Oriental Mindoro.
“Lowering the minimum age of criminal responsibility will just encourage criminal syndicates to use even younger children. What should be done is not to sanction children but to have a more intensified campaign against criminal syndicates exploiting children and treble the penalty imposable on them,” Mr. Lagman said in his explanation of Negative vote.
He also raised the lack of funding for the creation and nationwide operation of “Bahay Pag-asa,” which may result in the confinement of children in “jail-like” facilities. “There is no new appropriation for the creation and maintenance of ‘Bahay Pag-asa’ in the proposed 2019 national budget,” Mr. Lagman also pointed out.
The bill provides that children aged 12 years old and above, but below 18 years old are exempt from liability, but will be subjected to an intervention program, unless the child acted with discernment.
In such case, the bill proposed to subject children in conflict with the law to penalties two degrees lower than that prescribed by law. In cases of imprisonment, the duration will be reduced to two-thirds of the total period and only up to 12 years for those sentenced to life imprisonment.
As for any person or syndicate that will exploit children to commit a crime, the bill proposed to sentence them with reclusion temporal, if the crime is punishable by imprisonment of six years or less, or reclusion perpetua, if more than six years.
Moreover, the measure will also subject parents to mandatory counseling or intervention programs. “Failure of such parents to undergo mandatory intervention, unless prevented by a lawful cause, shall be a ground for imprisonment for at least thirty days but not more than six months,” section 7 of the bill stated.
