REAL CHANGE SHOULD

NOT HURT OUR CHILDREN

Why the Minimum Age of Criminal Responsibility
Should Not Be Lowered to Nine Years Old?

JUVENILE JUSTICE AND WELFARE COUNCIL

SITUATION OF CHILDREN
IN CONFLICT WITH THE
LAW PRIOR TO R.A. 9344
Ten years ago, our nation enacted Juvenile Justice and Welfare Act to address the serious problem of Filipino
children, as young as 9 years old, languishing in jails in subhuman conditions being tortured, raped and
subjected to inhuman and cruel treatment. We were outraged by how our system was treating them and we
strived to correct this situation through this law.
Why the
Minimum Age of
Criminal
Responsibility
Should Not Be
Lowered to Nine
Years Old?
 Early incarceration is the most
harmful and counter-productive
measure in preventing child re-
offending

The most effective diversionary

Lowering the strategy is to remove children
MACR will not stop from the youth justice system by
significantly raising the age of
children from criminal responsibility
involvement in
crimes
 98.46% of all crimes reported to
the PNP are crimes committed
by adults, NOT CHILDREN.
Lowering the UN CRC Second Country Report: Higher crime
MACR will not

rate involving children when the MACR was
still at nine years old
reduce crime
rate
 Cramped, disease-ridden
and filthy facilities;
inadequate food;
physical, sexual and
psychological abuse against
children as young as 9 years old;
Lowering the children in the company of adult
MACR is against murderers, rapists and
pedophiles;
the best interest children enrolled in college of
crimes where they graduate
of the child into bigger and more serious
crimes.
 RA 9344 requires 81 provinces and 33
HUCs to construct Bahay Pag-asa
facilities (only 36 BPAs as of date)

Compliance is low due to non-

readiness of LGUs

Lowering the
Construction of BPA costs Php 20M
MACR will be
costly and Move to lower MACR will burden both
burdensome to the National and Local Governments

the Government
 Human brain continues to
develop until 21 years old, and
to mature as late as 25 years
old.

Early onset of offending may

Lowering the be caused by impairment of
MACR ignores brain structure and functioning
due to childhood adversity,
scientific proof on poverty and abuse
childrens brain
development
 UN General Comment No. 10:
Establish a higher MACR in
compliance with UN CRC
Progressively increase the
minimum age once a higher
MACR has been established

UN Committee on the Rights of

Lowering the Child
MACR is against Commended the Philippines
our legal passage of RA 9344
obligations as a Urged the Philippines to
ensure that the MACR is not
State Party to UN lowered
CRC
 Pronouncement of
President Rodrigo Duterte

On the international front

and community of nations,
let me reiterate that the
Republic of the Philippines
will honor treaties and
international obligations.
Pres. Duterte
During President Dutertes Inaugural Speech on
June 30, 2016, Malacanang Palace
The Philippines is one of the State Parties to
the UN Convention on the Rights of the
Child (UN CRC)
 Lowering the MACR is not the solution

The government should address the gaps and ensure the

full implementation of RA 9344 as amended by RA 10630
Restorative Juvenile Justice and
Welfare System Works!
NO to lowering the
Minimum Age of Criminal
Responsibility!

YES to full implementation

of the Juvenile Justice and
Welfare Act!
 CHILDREN ARE THE WORLDS
MOST VALUABLE RESOURCE AND
ITS BEST HOPE FOR THE FUTURE

- John F. Kennedy
 REAL CHANGE SHOULD
NOT HURT OUR CHILDREN
Why the Minimum Age of Criminal Responsibility
Should Not Be Lowered to Nine Years Old?

THANK YOU.
J
J
W
C