minimum age as low as nine (9) years old. According to the proponents of the bill filed in
the 17th Congress3, it is the policy of the State to ensure that the Filipino youth are taught
to accept responsibility for their words and deeds as early as possible, and not to unduly
pamper them with impunity from criminal responsibility. In addition, the lawmakers believe
the time is ripe for the age of criminal responsibility to be lowered to nine (9) years old
considering that most children above this age, especially in these times, are already fully
informed because of the wealth of information that they can easily access through the use
of technology4.
5. Under the proposed measure, a child nine (9) years of age and above but below 18 years
old shall be exempt from criminal liability and subjected to an intervention program unless
he/she is determined to have acted with discernment, in which case he/she shall be
subjected to appropriate proceedings in accordance with the proposed law. On the other
hand, a child under the age of nine (9) at the time of the commission of the offense shall
be exempt from criminal responsibility but shall be subjected to an intervention program.5
6. The Commission opposes any amendments which will lower the minimum of age criminal
responsibility. It affirms its previous stance that lowering the age oversimplifies the nature
of juvenile offending and violates the fundamental principles of child protection and welfare
as provided for by laws, international treaties, and internationally-accepted standards and
principles.
7. The State has already made strides in promoting and protecting the best interests of the
child and with the 2030 Sustainable Development Agenda, the goal of “no child left
behind,” includes children in conflict with the law. Article 3 of the Convention of the Rights
of the Child states that. “In all actions concerning children, whether undertaken by public
or private social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be a primary consideration.” Criminalizing
children at a young age does not serve a child’s best interests. Addressing systemic
poverty, parental neglect and relevant societal factors must be considered in responding
to the situations of children in conflict with the law.
8. In lieu of the proposed legislation lowering the minimum age of criminal responsibility, the
Commission recommends that the government fully implement RA 9344, as amended by
RA 10630, by:
a. allocating funds for building/restoring Bahay Pag Asa Facilities in every province and
highly-urbanized cities;
b. employing multi-disciplinary personnel that will provide individualized and efficient
community-based and/or center-based interventions for CICLs, the victims and their
families;
c. continuously capacitating all professionals working with the juvenile justice system on
relevant international standards and the JJWA;
3
House Bill 002 was filed by incoming Speaker Pantaleon Alvarez, and Capiz Rep. Fredenil Castro.
Arcangel,Xianne, “Incoming Speaker Wants Age of Criminal Responsibility Lowered to 9”, GMA News, Published
July 6, 2016, Web 28 August 2016
5
On 23 May 2017, a subpanel on correctional reforms in the House of Representatives moved to retain the
minimum age of criminal responsibility to 15 years old. However the status of this alternative proposal and House
Bill 002 remains unclear. See recent news article here: http://news.abs-cbn.com/news/05/23/17/house-sub-panelkeeps-15-as-minimum-age-of-criminal-responsibility
4