Why not 12?

Rommel Alim Abitria

Humanitarian Legal Assistance Foundation
Juvenile Justice Network Philippines
What is the Minimum Age of Criminal
Responsibility?
The age below which children shall be presumed
not to have the capacity to infringe the penal law.
Doli Incapax
RPC Art 12 (2) (3)
UNCRC Art 40 (3a)
JJWA Art 6
RPC
Article 12. Circumstances which exempt from criminal liability. - The following are exempt from
criminal liability:


2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against in accordance with the provisions of article 80 of
this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformity with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education; otherwise, he shall be committed
to the care of some institution or person mentioned in said article 80.
UNCRC Art. 40
3. States Parties shall seek to promote the
establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged
as, accused of, or recognized as having infringed the
penal law, and, in particular:

a) The establishment of a minimum age below which
children shall be presumed not to have the capacity to
infringe the penal law;
RA 9344 Sec. 6
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age
or under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise
be exempt from criminal liability and be subjected to an intervention program,
unless he/she has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.
Why 15?
BEYOND INNOCENCE (PLM/CWC, 1997)
the age of discernment of in- school Filipino
children is 15 years old.
ARRESTED DEVELOPMENT (PAYO, 2002)
the age of discernment of out-of-school Filipino
children is 18 years old.
Policy Issue with Opposing Polarities
Justice versus Welfare
Punishment versus Positive Discipline
Institutionalization versus Community Based
CRC Comments
Escudero HB 467
Garcia HB 2894
Why Congress wants it at 12
Most of the crimes now are being committed by
children because they are emboldened by RA 9344
Increase in crimes committed by children below 15
To protect the children from syndicate
Because RA 9344 does not hold the children liable for
their crimes
To strengthen the Juvenile Justice
What Congress wants with 12?
To be held criminally liable if with discernment
but if heinous crime presumed with discernment.
Must undergo trial if Crime is punishable by more
than 6 years.
Must be brought to a youth Detention Home
pending trial, but if no YDH, must be brought to
Jail.
WHY NOT 12?
Are most crimes committed by
Children?
0
100000
200000
300000
400000
500000
600000
2002 2003 2004 2005 2006 2007 2008 2009 2010 Jan-
Aug
2011
Child
Adult
Are Children Committing Heinous
Crimes?
59%
11%
11%
10%
9%
Crimes Committed by Children from 2002 - 2011
Theft
Physical Injuries
PD 1619 (Rugby use)
Robbery
Rape
Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total
Child 5657 3283 2644 2471 1955 1825 2158 2735 4246 3856 30830
Adult 85776 83704 77253 76758 71226 65944 66846 502665 324083 172847 1151424
Total 91433 86987 79897 79227 73181 67769 69004 505400 328329 176703 1182254
% of child vs.
adult 6.2% 3.7% 3.3% 3.1% 2.6% 2.6% 3.1% 0.5% 1.3% 2.2% 2.6%
Do Below 15 commit more crimes?
0
1000
2000
3000
4000
5000
6000
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
16-17 yrs old 9-15 yrs old Below 9 yrs
Will Lowering the MACR Protect the
Children?
From Syndicates
NO! If there are truly syndicates using children,
they will always use children whether you lower
the MACR or not.
Will Lowering the MACR Protect the
Children from the Criminal Justice
System?
MACR Lowered
More
Children
willbe
brought to
CJS
Torture
More
Clogged
Dockets
Lengthy
Trial
Average
length of Trial
is 4-6 Years
Congested
Jails
318%
CICL in Jails as of May 2012 (BJMP)
Region NCR 1 2 3 4A 4B 5 6 7 8 9 10 11 12 13 CAR ARMM TOTAL
Congestion 315 452 367 405 511 79 305 346 258 389 360 383 458 221 236 253 63
CICL 14 2 5 8 7 5 12 10 157 16 19 48 3 53 13 8 3 383
Lowering of MACR is Anti Poor
Most of the CICL
commits crime to
survive.
Lowering of the MACR
emphasizes on
Punishment aspect
instead of the Welfare
Aspect

59%
11%
11%
10%
9%
Crimes Committed by Children
from 2002 - 2011
Theft
Physical Injuries
PD 1619 (Rugby use)
Robbery
Rape
Lowering of MARC is Anti Poor
Children of well off family can always post bail
thus they will not be brought to Youth
Detention Homes or even in Jails
While Children of poor families will stay in
YDH or Jail for as long as his/her case is
pending (4-6 years)
What should be done?
IMPLEMENT THE LAW PROPERLY
Jail the mastermind of the syndicates, rehabilitate
the children who had been victimized.
LGUs should take responsibility in providing
INTERVENTION PROGRAMS to CICL because RA
9344 holds children Accountable but in a way
that is appropriate to their age.

Our Call
MARAMING SALAMAT PO