Senate Justice Hearings

Senate had a discussion about lowering minimum age of criminal liability. Some of them, support the law to be amended. On the other hand, there are also senators who opposed the said law.

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OPPONENTS

Sotto filed Senate Bill 2026, seeking to lower the age to “above 12 years old.” Before that, Senate Minority Leader Franklin Drilon filed a similar measure, SB 1603, seeking to lower the age to 12 years old. Sotto, however, said there might be a little debate on the age because Gordon is pushing for 9 years old. “My proposal is to set it at 12 years old. But we might have a little debate there I'm sure because the chairman of the committee on justice, Senator Gordon, wants it at 9 years old," Sotto said in a mix of English and Filipino.

Sotto said setting the minimum age to 9 “might be a little too much.” But he said he is open to a compromise of 11 years old. The development came after the House justice panel, with the support of Speaker Gloria Arroyo, approved the bill lowering the age to 9 years old. President Rodrigo Duterte has pushed for this since his 2016 presidential campaign.

Vice President Leni Robredo and minority senators, however, strongly opposed this, saying 9-year-old children should not be punished for being victims. “Police records show that only two percent of crimes in the country involve children. But, why give focus to the minuscule data and not to the bigger cause of crimes. Have the police even dismantled any syndicate victimizing the street children?” said Senator Francis Pangilinan, author of the Juvenile Justice Law.

"I absolutely doubt that this will pass the Senate kasi it's crazy, it's cruel, to be honest I think it's immoral," Senator Paolo Benigno Aquino IV said in a separate interview.

Senate President Pro-Tempore Ralph Recto called for an "evidence-based legislation," saying the bill should be based on facts and studies, not on "whims and unproven theories." "Ilan po ba ang drug lords na 9 years old sa bansa ngayon? Ilan po bang nuebe anyos ang sangkot sa kidnap-for-ransom? Mayroon po bang mga sampung taong gulang na kilabot na carnapper? Sa record ng BOC, ilang onse anyos na ba ang nahuli sa pagpupuslit ng shabu?" he added.

Senator Binay pointed out “We are definitely missing the point regarding this issue. These manipulated youth are also victims. We need to strengthen our social systems and not only the penal system,”.“I urge my colleagues not to rush the passage into law of measures that would put an end to the future of our children,” she added.

If syndicates and gangs are using children in their crimes, she said the government must initiate stronger efforts to counter them and protect the children from being blame.

Moreover, Senator Hontiveros said "There is no sense debating and choosing whether the MACR should be pegged at 12 or 9 years old. There is really no difference. Can a 12 year old compared to a 9 year old get married, get a driver's license, participate in elections, buy alcohol and watch R-16/18 films? The obvious answer is no. Minors, whether 12 or 9 years old, are not equipped with the same intellectual and mental capacities as adults,"

Florin Hilbay: "Hindi natin mahihiwalay ang kriminalidad ng mga bata sa kanilang kahirapan. Ang kahirapan ay problema ng estado. Ang kulang ay ang aruga ng estado, hindi ang edad kung saan kailangan tratuhin criminal ang bata. Sila ay biktima hindi mga kriminal."

(We cannot separate children's criminality from their poverty. Poverty is the problem of the state. What is lacking is the care of the state, not the age by which kids will be treated as criminals. They are victims, not criminals.)

Chel Diokno: "Hindi ako papayag na ibaba ang criminal age of responsibility. Klarong klaro sa pinirmahan nating Convention on the Rights of the Child na hindi natin pwedeng ibaba ang age of criminal responsibility." (I am against lowering the criminal age of responsibility. It is very clear in the Convention on the Rights of the Child, which we signed, that we could not lower the age.)

Bam Aquino: "Hindi po ako sangayon sa pagbaba ng edad o minimum age of cirminal responsibility. Ang mga bata, tulong ang kailangan po nila, hindi kulong. Wala pong bata ang nangarap na maging drug courier… Karamihan ng mga bata po natin, mga krimen na linked sa kahirapan [ang ginagawa]. Marami po diyan theft, robbery…Kung kailangan pong parusahan yung sindikato, kahit po yung magulang, parusahan niyo sila. Pero ang mga bata, 'wag natin silang itratong kriminal."

(I am not in favor of lower the age or minimum age of criminal responsibility. Children need help, not jail time. No child ever dreamt of being a drug courier.... Many of our children commit crimes linked to poverty. Many of these crimes are theft, robbery. If we need to penalize the syndicates, even the parents, go ahead. But we should not treat children as criminals.)

Samira Gutoc: "Tutol ako…. Ang kabataan dito sa Pilipinas ay suffering already." (I am against it. Children in the Philippines are already suffering.)

Rehabilitate rehabilitation centers

Despite differing views on the proposal, candidates agreed there is a need to focus on the improvement of rehabilitation centers for children in conflict with the law.

Manicad: "Dapat po ay sapat na pasilidad para sa kanilang rehabilitasyon, turuan sila ng skills, pag gawa ng kandila sabon, turuan makapag-aral sa loob ng reformation center. 'Di sila dapat iselda at maramdaman nila na sila ay bata at meron pa ring pag-asa. At ang long-term pinakamalaking kailangang gawin ay habulin po yung mga mastermind, mismong mga drug lord, mga kriminal na gumagamit po sa mga batang ito nang mailayo po sila nang tuluyan sa kriminalidad."

(There should be enough rehabilitation facilities, where they can be taught skills such as soap- or candle-making. They should be able to study inside the reformation centers. They should not be jailed and they should feel they are still young and there is still a chance at a good life. But what needs to be done for the long-term is to run after the masterminds, the drug lords and criminals who use these children.)

Chong: "What we need to ensure is yung rehabilitation po nila, that it must be funded fully well at may dignidad po (and there is dignity). The primary reason why we lower MACR is to rehabilitate them. So kung rehabilitation po ang purpose, bigyan nang sapat na pondo, may dignidad po sila paglabas (So if rehabilitation is the purpose, let us give them enough funds so they have dignity when they get out of the centers)."

Ong: "Ibababa lang natin kung kumpleto ang Bahay Pag-Asa at 'di ilalagay sa kulungan." (We should just lower it if there are enough Bahay Pag-Asa and if the children would not be sent to jail.)

Gutoc: "Bahay Pag-asa, hindi buhay parusa! Importante po go to the account: How many Bahay Pag-Asas have you built? Try to implement the juvenile justice [law]…. ‘Wag ‘yong mga edad na ‘yan!" (What we need are Bahay Pag-Asa, not punishment! How many centers have you built? Try to implement the juvenile justice law, and not focus on the age.)

In 2013, RA 9344 was amended through RA 10630, which retains the minimum age at 15 but allows children as young as 12 to be detained in youth care facilities or Bahay Pag-asa only for serious crimes such as rape, murder, and homicide, among others. Psychologists, pro-child groups, and social workers oppose lowering the minimum age of liability, saying that a child’s brain has not yet fully developed at adolescence and that the problem is the law’s implementation.

PROPONENTS

President Rodrigo Duterte, one of the main proponents who supports the ideal of lowering the criminal liability since the time he was holding his presidential campaign in 2016. Because of the waged war on drugs, the Filipino youth was targeted in the process via through killings or policies aimed at them. This has also made the Duterte administration proposed a mandatory drug testing on school children, including to children within 10 years of age. (Read more at https://www.pressreader.com/philippines/sunstar-cebu/20161213/281672549578461)

Senate President Vicente Sotto III, one of the main proponents for filing SB 2026, pursuing to lower the criminal liability to "above 12 years old". He also stated in the Senate Bill 2026, "is consistent with President Rodrigo Duterte's goal to curb criminality in the country." Sotto cited viral videos of minors commiting crimes and a study from the Child Rights International Network, indicating that other countries have lower minimum age criminal liability whilst in the US none. This proves that theoretically speaking, allows a child to be sentenced to criminal penalties at any age.

Senate Minority Leader Franklin Drilon, a proponent to this ideal, had also filed for a similar bill to Sotto's to lower the minimum age to 12 years old. This was referenced the committee on justice and human rights but there was no committee hearing that was conducted until now.

Gloria Macapagal Arroyo stated that she would "move for the passage of a bill that will lower the age of criminal liability from 15 years to 9", as to following the request of President Rodrigo Duterte. House Speaker Gloria Macapagal Arroyo, also acts as one the proponents that supports in the proposition made of lowering the age of criminal liability despite the protests of the opposing sides.

Five of the 9 candidates who attended Harapan 2019: The ABS-CBN Senatorial Town Hall Debate are in favor of lowering MACR.

Larry Gadon, in favor of 12 years old: "Sangayon ako sa pagbaba ng [MACR], dahil ang mga bata ngayon ay mas matalino alam nila ang mali at tama. Ngayon kung ang problema ay pasilidad, yun dapat ang bigyang pansin. Pero wag natin pabayaan na kahit mga bata alam naman nila, meron naman silang discernment, gagawa sila ng krimen dahil nasa isip nila di naman ako parurusahan eh…. Konti lang naman ang ganyan pagiisip. Ang dapat isipin ay yung general na pagtupad ng batas na kung ano ang tama, yun ang tama. Ang mali, mali at yun ay dapat parusahan."

(I am in favor of lowering the MACR because kids nowadays are smarter, they know what is wrong and right. If the problem is the facility, then let's focus on that. But we should now allow children to go scot-free because they have discernment, to do crimes because they know they would not be punished.... There are only a few people who think like that. What we should prioritize is the general implementation of the law. What's right is right. What's wrong should be punished.)

Jiggy Manicad, in favor of 13 years old: "Naniniwala ako na dapat ibaba dahil base ito sa karanasan na nakita natin sa kalye: mga batang hamog, mga batang courier ng droga, mga batang kriminal. Subalit 'di po sila dapat isama sa hardened cirminals."

(I believe MACR should be lowered because this is based on our experience on the streets: kid criminals, kid drug couriers. But we should not mix them with hardened criminals.)

Glenn Chong: I tend to view itong pagbaba ng (lowering of) MACR as a way of removing these children away from the marketplace of crimes kasi hindi po natin maipagkakaila na may mga sindikato pong gumagamit ng bata (because we cannot deny that there are syndicates using children). By lowering the age, we actually remove more of this children away from them.

Willie Ong, in favor of 13 years old: "Ang focus talaga natin ay pagpaparami ng Bahay Pag-Asa….Pero kung magkakaroon na ng Bahay Pag-Asa at di ilalagay sa kulungan, pwedeng ibaba ng konti hanggang 13 years old." (Our focus is on constructing many Bahay Pag-Asa.... But if there would many Bahay Pag-Asa and the children would not be sent to jail, we can lower the age a bit to 13 years old.)

Francis Tolentino, in favor of 12 or 13 years old: "Sangayon ako gawing 12, 13 years old, coming from 15…. Pagkanaprosecute po ang isang bata dapat po magkaroon ng diversion proceedings, 'di po ginawa ito. Ididivert sa special juvenile justice system. Pag sila naconvict, papasok po sila sa isang reformative justice system, 'di po sila ihahalo sa [adults]. Magkakaron ng boys' town, kung saan pagkatapos makakabalik sila sa mainstream lipunan, may dignidad din, at kikilalanin bilang reformed individual."

(I am in favor of lowering the age to 12, 13 years old coming from 15 years old.... Once a child is prosecuted, there should be diversion proceedings – which are not done – and they would be diverted to the special juvenile justice system. Once they are convicted, they would go inside the reformative justice system. They would not be mixed with adults. There would be facilities like boys' town, wherein after they finish their stay there, they can reintegrate into society with dignity. They will be recognized as reformed individuals.)

Senate President Tito Sotto claimed a majority of senators agree with the House bill.

According to Child Rights Network (CRN) Philippines, these are the current decision of members of the government

Source: https://www.rappler.com/nation/politics/elections/2019/223733-senate-bets-minimum-age-criminal-responsibility-bahay-pag-asa