Senator Sotto: Crimes committed by youngsters from the age of 12 to 15 has risen 1,400 percent and we are giving

the wrong signals that they are not being punished. If Congress fails to pass the measure today, then the citizens should brace for the commission of rape, murder, stabbing and heinous crimes by youngsters of ages 13 upwards because we cannot detain or jail them.

Lowering the minimum age of criminal responsibility is turning our backs on our duty of rehabilitating our youth and preventing them from committing crimes. The hard fact and research-backed truth is that lowering the minimum age of criminal liability will not lower crime rates. Based on patterns and studies in different countries, lowering the minimum age of criminal responsibility does not necessarily result in a decrease in the crime rates and incidents of juvenile offending. Undersecretary Alicia R. Bala of the Department of Social Welfare and Development (DSWD), who is also the JJWC chairperson, stressed that partners and supporters from the local child rights and human rights organizations, the academe and members of the civil society and international organizations, have consistently expressed strong opposition against the proposed amendments to lower the minimum age of criminal responsibility from 15-years-old to 12-years-old under House Bill 6052. It is premature to judge RA 9344 and submit it to amendment. More critically, its unfair to the children because it is as if weve given up on them. We have no basis to say that RA9344 is not effective simply because we have not fully implemented it, Bala said. She insisted that the problems of rising criminality cannot be fixed by simply sending our children to jail. Children in conflict with the law should not be treated by the State as hardened criminals but as victims of circumstances beyond their control. These children need social protection from the state, Bala reiterated, and argued children will not be saved unless we first admit that the real criminals against them are poverty, abuse, neglect and abandonment and the adult criminals and syndicates, who exploit them, entice, threaten, and force them to commit crimes. RA9344 is not just about penalties and not easily about punishments for children who are in conflict with the law, thats just too easy and convenient. RA9344, more importantly, is about building homes and schools for our children, building dreams and aspirations, paving the path for a better future, Oco added. Turning our backs on RA9344 is blaming the children. The law, which recognizes the capacity of the children to change, gives the child in conflict with the law a chance to rehabilitate and develop themselves into better and more productive citizens. Sending the children in conflict with the law to jail is a lot easier than getting our hands dirty in the difficult and complicated process of rehabilitating, providing answer to the challenges of hunger and poverty and running after the syndicates and hardened criminals who force the children to criminality, she appealed.

For now, Republic Act 9344 exempts all minors ages 15 and below from criminal liability. Those ages 16 to 18 are also exempted if they acted without discernment, but penalty will be modified if they will be proven to have acted with discernment. Civil liability remains in all cases but children without criminal liability are automatically released. An increase in the number of crimes committed by minors has been reported since the law was passed, including drugs, armed robbery and assault. Integrated Bar of the Philippines (IBP)-Cebu City President Atty. Earl Bonachita and former IBP president Atty. Democrito Barcenas, welcomed this new development. Bonachita has been advocating for the review of the said bill. Its a good development, we have seen and observed that there are many crimes committed by the minors but they were released since theyre still minors. I believe that there will be changes in our justice system on juveniles now that this bill was passed, said Bonachita. Barcenas, on the other hand, who was not in favor of RA 9344, was also glad with the development. It (RA 9344) did not work well in matters of peace and order because minors aged 15 and 16 were used by criminals as their errand boys. Most of the minors were cooperative with the criminals in executing criminal offenses. But we could not stamp out criminality, he said.

Lowering Minimum Age of Criminal Responsibility By Marvyn Benaning (www.mb.com.ph) The Juvenile Justice and Welfare Council (JJWC) has slammed legislative proposals to reduce the minimum age of criminal responsibility. JWC stressed that RA 9344 was enacted in compliance with the countrys obligation as a State Party to the United Nations Convention on the Rights of the Child and pursuant to the provisions of the Philippine Constitution and Philippine special laws protecting children. This landmark child protection law, the first of its kind in Asia, envisions a child-sensitive justice and welfare system and mandates the local government units (LGUs) and national government agencies (NGAs) to allocate resources for the creation of programs and services that will protect Filipino children and prevent them from being forced, threatened and pushed to violate our criminal laws. The Philippines has been hailed as a pioneering country in juvenile justice reforms after the enactment of RA 9344.

Amendment to Juvenile Act includes parental liability By Dolly Yasa (www.thedailyguardian.net) Rep. Mercedes Alvarez (6th District, Neg. Occ.) said that the amendment approved by the House on the Juvenile Justice and Welfare Act of 2006 includes parental liability for a minor who commits crime with discernment.

House Bill 6052, which seeks to amend RA 9344, also known as the Juvenile Justice Act, defines a youthful offender as a child above 12, but at least 15 years of age who acted with discernment, and a child above 15 years old but under 18 years of age at the time of the alleged commission of a criminal offence. RA 9344 provides that all children in conflict with law aged 15 and below and those above 15 but below 18 who acted without discernment are spared from criminal liability. Alvarez said that in the approved amendment, from 15, the minimum age for criminal responsibility is now 12, under HB 6052. She said that after its passage in the House, it will be forwarded to the Senate for its appropriate action. HB 6052 provides that if the offense charged is murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking or other offenses punishable by more than 12 years, the 12-yearold or above child who committed it should be presumed to have acted with discernment. A child who commits an offense more than two times shall, meanwhile, be deemed as a neglected child and shall undergo an intensive intervention program supervised by the local social welfare and development officer, the proposed law states. HB 6052 also deters the exploitation of juveniles by providing stiffer penalties to persons who, in the commission of a crime, takes advantage of or profits from the use of children. The proposed act also provides that the youthful offender should be committed to a repository institution or to the custody of the DSWD or any duly licensed agency, but if the child fails to comply with the conditions of the repository institutions mentioned, the child would be returned to the committing court for the imposition of the penalty upon reaching 18 years of age.

sought to amend Republic Act No. 9344 known as the Juvenile Justice and Welfare Act, which was crafted in 2006. HB 6052 seeks to lower the minimum age for criminal responsibility for minors who acted with discernment from the current 15 years old to 12 years old. However, SB 3324 seeks to keep it at 15 years old. Even as the measures differ in the aspect of age, both sought to strengthen the intervention program for minor offenders. While exempting 15-year-olds and younger from criminal liability, the Senate version, however, stipulates that they will have to face civil liabilities arising from their actions. Such liability for restitution, reparation and indemnification for consequential damages will be borne by their parents or guardians exercising parental authority over teenage offenders. Human Rights Setback Gonzales said that lowering the minimum age of criminal responsibility from the current standard would be a human rights setback for the country. Gonzales noted that RA 9344 made the Philippines a pioneer in the Asian region in upholding international child rights standards, like the United Nations Convention on the Rights of the Child, in the administration of juvenile justice. RA 9344 raised the minimum age of criminal responsibility from 9 years old to 15 years old, a move lauded by the UN Committee of the Rights of the Child in its October 2009 concluding observations on the Philippines.

Bill Allowing Criminal Liability for 12-year-olds Near to Becoming Law (Inquirer News, February 1, 2013) A bill lowering the age of criminal liability from 15 to 12-years-old is near to becoming a law. The bill known as "Strengthening the Juvenile Justice System in the Philippines" has been passed on third reading in both the Senate and the House of Representatives, and is scheduled to be taken up by the bicameral conference committee. House Bill 6052 seeks to amend Republic Act 9344 or the Juvenile Justice Welfare Act to lower the minimum age of criminal responsibility from 15 to 12, to address the rising incidence of crimes by young offenders. HB 6052 defines a youthful offender as a child above 12 years but at least 15 years of age who acted with discernment and a child above 15 years of age but under 18 years old at the time of the alleged commission of a criminal offense. Proponents of the measure said lowering the age of criminal responsibility would deter the involvement of children in organized crime. Several lawmakers and government agencies, led by the Department of Justice and the Commission on Human Rights, staunchly oppose the bill, saying it would only jail more children without rehabilitating them.

Child Rights Advocates Oppose Lowering Age of Criminal Responsibility (Inquirer News, February 4, 2013) CHILD protection advocates are making a last ditch call on lawmakers to preserve the countrys gains in advancing childrens rights by opposing moves to lower the minimum age of criminal responsibility. We appeal to our Congressmen and Senators not to undo the positive achievement that our country has reached in protecting the rights of children in conflict with the law, said Roldan Gonzales, convenor of the national coordinating group of the Kalibutan sa Katawhan Network (Kalitawhan). The bicameral conference committee to reconcile the provisions of Senate Bill No. 3324 and House Bill No. 6052 convenes Monday, according to the Senate calendar. HB 6052 was passed on third and final reading June last year while SB 3324 was passed last month. Both measures

They add that children should ultimately be treated as victims, not as knowing and mature players, in criminal operations. Critics of the bill say children do not seek to become criminals, and are instead recruited, exploited, threatened, or abused by adults looking to exploit a loophole in current laws. Finally, they point out that conditions in the country's jails are not conducive to reforming children in conflict with the law. Under the bill, a child offender who is 12 or younger at the time a crime is committed will be exempt from criminal liability but will be placed in a government intervention program. Children between 12 to 15 years will also be exempt from liability unless they acted with discernment in the commission of a crime. However, for offenses such as murder, parricide, homicide, kidnapping, rape, robbery, drug trafficking and other offenses punishable by more than 12 years in jail, the child will be presumed to have acted with discernment and will be considered a youthful offender to be dealt with in accordance with the provisions of the Child and Youth Welfare Code. If found guilty, the child's sentence will be suspended and he or she either committed to a reformatory institution or to the custody of the Department of Social Welfare and Development or another duly licensed agency. If the child fails to comply with the conditions of custody, he or she will be returned to the committing court for the imposition of the appropriate penalty for the crime committed on turning 18. The measure also calls for the imposition of stiffer penalties for those who take advantage of children to carry out criminal activities. The bill also seeks the transfer of supervision and control of the Juvenile Justice and Welfare Council from the Department of Justice to the DSWD and defines the responsibility of parents in the supervision of their children. It also provides assistance to victims of offenses committed by children.

Gerry Bernabe, secretary general of Payo said putting youth offenders in jail will only aggravate juvenile delinquency. Justice system for children in conflict with the law should be different, they should not be included in a jail with adult prisoners. The Juvenile Justice Welfare Act is supposed to design a new set-up intended for the best interest of the child, however, the law is not being fully implemented, Bernabe said. In the same vein, Ma. Victoria S. Diaz of John J. Carroll Institute on Church and Social Issues said, Jail is not a place for a child. Diaz said putting youth offenders in prison will not resolve the root causes of juvenile delinquency. She added that the increasing number of juvenile delinquents only reflect the failure of the government to respond to these problems. Lawyer Rommel Alim Abitria of Humanitarian Legal Assistance Foundation (HLAF), a non-profit and non-government organization assisting indigent prisoners including CICL, pointed out that children should not undergo the same procedures as that of adult offenders. Even adults who present themselves in court are frightened, how much more for a nine year old kid? Abitria said child offenders should not undergo the grueling procedures of the justice system in the country. Here in the Philippines, one trial lasts up to four to five years on the average. And while the case is in court, the accused stays in jail together with other adult prisoners. This is not the system a delinquent child has to endure. Under RA 9344, children, 15 years old and below and whose age do not exceed 18 years old, should not be put in jail together with other adult prisoners. The child should be placed in a separate detention facility for only a short period. Abitria explained. Abitria also stressed the deplorable situation of prisoners in the country. Prisoners here in our country are not treated humanely. In one prison cell where the capacity is only 20 prisoners, 100 prisoners are locked up. Poverty Most child delinquents belong to poor families, Abitria said. These minors are committing these crimes because of poverty because they need to survive, Abitria said, adding that ten percent of the crimes committed by minors are crimes against property like robbery. From the data of the Juvenile Justice Welfare Council (JJWC), there were 4,706 cases of children in conflict with the law during the second quarter of 2009. Many of them were male ages 14 to 17 years old, mostly out of school youth and belong to poor families. Because these minors belong to poor families, only a few of them can afford to post bail, Abitria added. A child who cannot post bail stays in prison with little chance to rebuild his/her future. San Miguel said the governments failure to address the deplorable situation of Filipino children extreme poverty, hunger and lack of educational opportunities make them vulnerable to involvement in crime and violence. As of 2008, about 35 percent of children aged six to 11 and 54 percent of 12 to 15 year-olds are out of school youths. Their exposure to life in

Lowering age of discernment wont delinquency. Childrens Rights Groups

solve

juvenile

Children in conflict with the law (CICL) should not be perceived as criminals because they are victims, victims who should be helped to correct his/her mistakes. Salinlahi Alliance for Childrens Concern Jail is not a place for a child.
Arnold was beaten up inside the jail, his throat was repeatedly hit that he almost lost his voice. I could not speak. I thought I could not survive inside the jail. The place was so small, humid, smelled awful and the ration food was not even edible, Arnold told Bulatlat.com. Arnolds experience inside the jail is the main reason why childrens rights advocates are up in arms against the call to amend Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

the streets makes them more accessible to criminal syndicate groups, San Miguel said. Restorative Justice In restorative justice, all the parties involved as well as the community will help in the rehabilitation and restitution of the offender so that he/she will understand the consequences of what he/she did. In this system, the accused and the victim will face each other to make the accused realize the extent of damage to the victim and help him to correct it. The offender must understand the consequence of what he did. The parents will also be held accountable. The parents, the community and LGUs will be also involved in the rehabilitation of the youth offender or CICL. It is the responsibility of the state to make sure that the conflict between the accused and the victim will be resolved with the appropriate program (depending on the gravity of the crime committed) that will help in the rehabilitation of the accused (psycho social and therapy for rape, murder, etc.). In RA 9344, when the youth offender is found guilty of the crime with a penalty of not more than six years of imprisonment the offender will undergo a diversion program. Diversion, according to the law, refers to an alternative, childappropriate process of determining the responsibility of a youth offender on the basis of his or her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. Among the diversion programs (in the barangay level) are restitution of property, reparation of damaged caused, indemnification for consequential damage, written or oral apology, care, guidance and supervision order, counseling for the child in conflict with the law and his/her family. A lecture on anger management, problem solving and/or conflict resolution skills, value formation and other skills which will aid the child in dealing with situations, which can lead to repetition of the offense. At the level of the appropriate court, the offender will also be turned over to institutional care and custody. In its position paper, Payo hopes that the principles of restorative justice may be truly implemented under RA 9344 and that concerns of the victims may not just be relegated to the background, but truly given importance; that offenders may be rehabilitated and successfully reintegrated into their families and communities and; that communities may play a more active role in preventing juvenile crime and ensuring peace in their areas. Salinlahi, meanwhile, said the lack of budget from the government prevents the full implementation of the Juvenile Justice Intervention Program. The effectiveness of this law actually depends on how the government prioritizes the welfare of these children. The Congress and the Senate determine the budget of the government agencies. Thus, they can be considered as contributors to the failure of the law. For five years, JJWC only received less than one percent of the budget of the Department of Justice (DOJ). This meager budget allocation hinders the full

and efficient implementation of the law. Salinlahi believes that the correct implementation, with proper education about the law and a sufficient budget allocation should be prioritized by the government, San Miguel said.

Senate Urged to Abandon Bill Lowering Age of Criminal Liability (GMA News, October 23, 2012) Childrens rights advocates on Tuesday called on the Senate to abandon the bill lowering the age of criminal liability from 15 years old to 12 or if Sen. Francis Escudero will have his way nine. At a press briefing, lawyer Brenda Canapi of the Commission on Human Rights (CHR) said passing the measure is not in the best interest of Filipino children. If we put children inside jails, we do not protect their rights. We make them more vulnerable to abuse and discrimination, Canapi said. Lawyer Tricia Claire Oco, executive director of the Juvenile Justice and Welfare Council Secretariat under the Department of Justice, said such legislation will not address the problem in criminality in the Philippines. This *bill+ is not the solution to the problem of criminality. The real solution is effective and meaningful implementation of our laws, Oco said.

Amended Juvenile Justice Law Hits Snag (http://www.businessmirror.com.ph, February 4, 2013) The bill amending the Juvenile Justice and Welfare Act of 2006 hit a snag at the bicameral conference committee on Monday when senators failed to reach an agreement with their House counterparts on lowering the age of discernment to 12 years old but only for heinous crimes as proposed by the latter. Majority Leader Vicente Sotto III said that various groups have been asking Congress to lower the age when children can be held criminally liable because of the gravity of the crimes committed by children before 15 years old, such as rape, murder, parricide, robbery, kidnapping, holdup-robbery and drug trafficking. He said SB 3324 already addresses concerns of mixing minors with hardened criminals, since those who are jailed under the proposed measure would be detained in a separate facility. I cannot understand why they are against this, he said. Sotto said the CHR should have raised all its apprehensions about the measure during the committee hearings, but not at the bicameral conference committee. We are the lawmakers. Why are they *CHR+ meddling in the bicam? We gave in to them from 2006 to 2007. The result? Enforcers, prosecutors, narcotics officers, judges are all asking for a lower [age] for criminal responsibility. They should give in to us this time. After a few years, if it proves to be bad, then lets repeal it, he said.