Philippine College of Criminology

641 Sales St., Sta. Cruz, Manila

THE FACTORS THAT INFLUENCE THE

PARENTS PERSPECTIVE TOWARDS
LOWERING THE AGE OF CRIMINAL
LIABILITY

CADAYDAY, IAN

CAJANDAB, LITO

COPRADA, JOHN LLOYD

LORENZO, CLARISSA

MENDOZA, RHEILY

NIERRAS, ROMMEL

SANGCO, JOHN CONRAD

SABAS, REALYN

SUAREZ, ABEGAIL

SEPTEMBER, 2019
 Philippine College of Criminology
641 Sales St., Sta. Cruz, Manila

OBJECTIVES

 To identify the different factors that influence the parents perspective towards
lowering the age of criminal liability.
 To determine the level of awareness of parents towards lowering the age of
criminal liability.
 To analyze the effect of lowering the age of criminal liability as perceived by the
parents of Brgy 128.

CHAPTER 1

INTRODUCTION

According to Unicef, lowering the age of criminal responsibility would not deter adult
offenders from using children to commit crimes.

Unicef Philippines also said it is deeply concerned about the bill, describing it as "an act of
violence against children."

"Children who are exploited and driven by adults to commit crimes need to be protected, not
further penalized.... They should be given a second chance to reform and to rehabilitate," the
group said.

MANILA, 18 January 2019 – UNICEF is deeply concerned about ongoing efforts in Congress to
lower the minimum age of criminal responsibility in the Philippines below 15 years of age. The
proposed lowering vary from 9 and 12 years, and goes against the letter and spirit of child rights.

There is a lack of evidence and data that children are responsible for the increase in crime rates
committed in the Philippines. Lowering the age of criminal responsibility will not deter adult
offenders from abusing children to commit crimes.
 Philippine College of Criminology
641 Sales St., Sta. Cruz, Manila

UNICEF supports the Philippine government, as a signatory to the United Nations Convention
on the Rights of the Child (UNCRC), to ensure that children grow up in a safe environment
protected from crime and violence.

Sadly, lowering the age of criminal responsibility is an act of violence against children. Children
in conflict with the law are already victims of circumstance, mostly because of poverty and
exploitation by adult crime syndicates. Children who are exploited and driven by adults to
commit crimes need to be protected, not further penalized. Instead they should be given a second
chance to reform and to rehabilitate.

Scientific studies show that brain function reaches maturity only at around 16 years old, affecting
children’s reasoning and impulse control. Proposals to lower the age of criminal responsibility
argue that children as young as 9 years old are criminally mature and are already capable of
discernment. If this was the case, then why is the legal age to enter marriage, legal contracts and
employment in the Philippines at 18 years old? A 9-year old child has not yet even reached the
age of puberty and their brains are not developed to understand the consequences of actions.

The current proposal is to delay sentence up to a maximum age of 25 years. If a child is jailed at
9 years old it means that they may have to waste away their life for 17 years under imprisonment
until they can get a sentence for the crime committed. There is no mechanism to protect these
children from cohabiting with hardened criminals and no guarantee that in detention they will be
protected from violence and exploitation in jail.

Detaining children will not teach them accountability for their actions. In order to maximize their
potential to contribute to nation-building, children must grow up in a caring, nurturing and
protective environment. This requires strong parenting support programs and access to health,
education and social services as well as to child-sensitive justice and social welfare systems.
 Philippine College of Criminology
641 Sales St., Sta. Cruz, Manila

But for developmental psychologist Dr Liane Peña Alampay, the issue goes beyond a "simplistic
understanding of discernment."

"Truth is, if you ask very young children if they know right and wrong, most of them would say
yes," Alampay said earlier this week as she joined advocacy groups in opposing House Bill
Number 2 or the "Minimum Age of Criminal Responsibility Act."

She added: "But the situation or question is more complex [than] that sort of 'right versus wrong'
notion of discernment. [It's] not just knowing, but having [the] capacity to act on that
knowledge."

Alampay, a member of the Psychological Association of the Philippines (PAP) and a professor at
the Ateneo de Manila University, noted that a person's brain is still developing through
childhood and adolescence.

She added: "But the situation or question is more complex [than] that sort of 'right versus wrong'
notion of discernment. [It's] not just knowing, but having [the] capacity to act on that
knowledge."

In fact, she said, the slowest developing part of the brain is the part that governs higher-order
thinking capacities, the ability to plan, make long-term decision, control impulses, regulate
behaviors, and "all those capacities that make a person mature, responsible, and accountable."

As such, Alampay said children and teenagers do not yet have the cognitive capacity to make
reasoned decisions, to control their emotional impulses, and to consider "with forethought" the
consequences of their actions the same way most adults can.

She also highlighted the role of experiences in brain development, noting that adverse childhood
experiences affect brain function.
 Philippine College of Criminology
641 Sales St., Sta. Cruz, Manila

Since the typical profile of a Filipino child in conflict with the law "is a child or youth who is
poor and highly exposed to adverse childhood experiences and criminogenic environment,"
Alampay said such experiences and environments not only prevent healthy brain development,
but even further diminish cognitive capacities.

"The label of 'criminal' shapes their sense of self and makes it likely that they will imbibe a
criminal identity," she said in her presentation.

Instead of putting children behind bars and "[setting] them on a lifelong negative trajectory,"
Alampay encouraged the public to provide them with positive and formative experiences to help
them develop mature cognitive skills and positive behaviors.

References

Kurt Dela Peña ( 2019 ), #ChildrenNotCriminals: Rights groups slam bill lowering age of
criminal liability . Retrieved from https://www.rappler.com/move-ph/221514-rights-
groups-statements-bill-lowering-age-criminal-responsibility

Jee Y. Geronimo( 2017 ) , The label of 'criminal' shapes [children's] sense of self and makes it
likely that they will imbibe a criminal identity.Retrieved
fromhttps://www.rappler.com/nation/161860-lower-age-criminal-responsibility-
psychologists?fbclid=IwAR3PqVhRJc_EiTCbAZsxFiheW3NahT_ADqB_tcgUxknXq
UzYENF9pX9xSJU