The Department of Social Welfare and Development (DSWD) and the Juvenile Justice and Welfare Council (JJWC) strongly object to the lowering of the minimum age of criminal responsibility (MACR) from 15 years old to 13 as provided in the New Criminal Code – Book I.

First, the proposed provisions in the New Criminal Code – Book I do not abide by international laws.

The Philippines is a State Party to the United Nations Convention on the Rights of the Child (UNCRC) and other international treaties promoting and protecting children’s rights.  Hence, the Philippines has obliged itself to respond to children in conflict with the law, in accordance with these treaties, to effectively serve the best interests of children and, in the short and long term, the interest of the society.

However, the proposed provisions are not consistent with the UNCRC and other treaties that call for States to develop a juvenile justice system that does not resort to judicial proceedings and to use the deprivation of liberty only as a last measure.

In lowering the MACR in Section 8 of the proposed Code, it will increase the chances of more children at a younger age to be subjected to judicial proceedings contravening the spirit and intent of the Convention.

Moreover, once a higher MACR has been established, the State must not lower it but must only progressively increase the minimum age. The proposed Section 8 provision is a set back to the Philippines efforts in advancing child rights protection.

The UNCRC Committee, in its 2009 concluding observations to the Philippine report to UNCRC compliance commended the country’s passage of the Juvenile Justice and Welfare Act of 2006 (or RA 9344), which raised the MACR from 9 to 15 years old. It also expressed its concern on the initiatives to lower the MACR. It particularly urged the Philippines to ensure that the MACR is not lowered.

The proposed Section 9 provision also contravenes the international principle against discrimination when it allowed children to be tried as adults for serious crimes committed.  Children do not become adults when they commit serious crimes.  It is not the offence that determines the full maturity of children but their age, and physical and mental development. Therefore, the full protection and coverage of juvenile justice should be for all children below 18 years old

The Philippine Constitution is consistent with our international obligation and guarantees to ensure and defend the right of children from all forms of conditions prejudicial to their development.  Because of this mandate and by virtue of our international obligations, RA 9344, as amended, was enacted. The proposed provisions on children in Sections 8 and 9 of the Criminal Code are therefore not consistent with the Philippines laws.

Second, the move to criminalize younger children is anti-poor.

Prior to the enactment of RA 9344, studies found that most children involved in crimes were poor.  Most came from dysfunctioning families who lack access to basic needs, parental love and support, with very little education and were usually neglected or abused. Most committed theft and crimes against property.  Clearly, these were crimes committed for survival, safety and security.

Prior to RA 9344, the MACR was low, thus, very young children were often arrested and detained without proper procedures. It was common to find young children accused of stealing or vagrancy in overcrowded cells, mixed with adult prisoners who had been charged with rape, murder and other serious crimes.  Various reports showed how these children became subjected to bullying by guards and older prisoners and had to endure the sub-human conditions of the jail.  Since most of them came from poor families, they stayed longer in prison for lack of proper representation in the court. Most of these children became vulnerable to all kinds of abuse during arrest and detention and came out of jail worse off than before.

Juvenile delinquency has strong links to poverty and dysfunctioning families.  What these children need were help and assistance because their families cannot provide for them.  Thus RA 9344 was enacted to provide these children another chance by affording them protection, being poor and vulnerable.  The law provides protection by establishing alternative measures to make children accountable without subjecting them to adult procedures and ensuring their rehabilitation so that they become useful and productive citizens of the country.

Lastly, lowering the MACR is regressive.

Criminalizing younger children is not the answer to the root causes of juvenile delinquency. We will only fail at safeguarding their rights and preventing them from reoffending in the future.  Children commit crimes for a reason. When we do not provide them a good family and wholesome community environment to ensure they grow properly and their rights are protected then, we are the ones who are setting them to fail.  It is the consequences of our actions and decisions that will greatly influence the future of our children.

There should be a full implementation of RA 9344 as amended by RA 10630.  The law follows the principle of restorative justice and provides for a comprehensive and child-sensitive juvenile justice and welfare system.  Children are not tried as adults but are provided alternative measures for their accountability through diversion and provided with intervention for their rehabilitation and reintegration to the community. It does not only provide assistance to the child but to the family and community as well.

We emphasize the need to distinguish between making children responsible for their actions, and criminalizing them. Republic Act 9344 as amended by RA 10630 makes children responsible for the acts they have committed, without necessarily making them criminal.

We affirm with the fundamental truth that Filipino children can be rehabilitated and lead away from the life of crime. But the children cannot do it alone; the State and society can, and must, give them that choice, in order to make the change possible.  This will not only benefit our children, certainly this will benefit our nation. Thus let us join hands in assuring a good future for our children.

Lowering the MACR from 15 to 13 years old is simply not a matter of choice. ###