Just last week, the House Justice panel approved a bill that lowers the minimum age of criminal responsibility (MACR) from 15 years old to nine. Our representatives have decided that 9-year-olds are to be held liable for crimes.
But senators were divided on the issue at hand. In their discussions, the Senate committee on justice had some of its member aim for what their conscience told them was the “middle ground” and voted 12 years old as the new MACR. They also held an inquiry about the proposed amendments for Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344).
Those who approve of this change argue that a handful of syndicates use children in their criminal operations. Arguably, the crackdown should be on these crime syndicates instead of the children themselves. Twelve isn’t any better than nine. It’s the entire premise of the bill that is the problem—wanting to make developmentally immature children criminally liable.
There is no legitimate study and evidence that lowering the criminal age will stop the child exploitation from happening. What authorities should be focusing on is carrying out RA 9344 by having various programs that will help children put a stop to their crime involvements. This law doesn’t need to be amended, it needs to be implemented.
Lowering the MACR may just be a counter-productive measure because if these child offenders are put into regular jails, they might just be pushed further into a life of crime. The chances for the children changing their ways could become a lot smaller. Punishing children that were merely taken advantage of by adults isn’t the best way to save their childhood and their future.
The law may see them now as those who have “gone astray,” but we also need to acknowledge that they are not directly responsible for the circumstances that brought them to their current predicament. There are many factors why they were pushed into doing crimes and the roots of the problem should be addressed.
UNICEF has spoken about their stand on the issue. “It doesn’t fix the problem, it’s a great child violation and it will be a great burden on the criminal system, an unnecessarily burden,” said Lotta Sylwander, UNICEF’s country representative.
They stated that lowering the MACR is a direct violation of children’s rights. Our government wants to hold children liable for crimes when they might not have any idea just how severe these actually are. She also criticized one of the reasons of the proposed bill amendments, which is to catch the children that aid in spreading drug crime in the country. We should remain vigilant and think whether this new bill is just another way to have new targets for extrajudicial killings of the drug war. “Cardboard justice” may very well happen to children now, and that is a thought that shouldn’t be able to stomach.
It is poverty and hunger that drive them into doing crimes. They should be studying in school, but due to poverty, their families might not be able to provide that. These children need guidance, protection, and counseling. Lowering the age of criminal responsibility will do the exact opposite. It should be society that should be nurturing and helping them learn. They have yet to mature and learn to discern right from wrong. They aren’t mature enough to deserve the kind of sentences that adults face.
Twelve-year-olds aren’t even allowed to watch PG-13 films, drink, smoke, drive, or vote, so there should be no reason why they should be treated and branded as criminals. This will traumatize them and make it harder for them to get back up and change their ways.
Just last year, in a global ranking of best and worst countries for children to grow up in, Philippines went down 8 spots. This report by the international group “Save the Children” has three indicators: malnutrition, teenage pregnancies, and under-five mortality. Can we really say that we are doing so much to improve the lives of the children in this country? What our lawmakers should do is go after the crime syndicates and arrest drug lords.
Our lawmakers should stop targeting the children. They give passes on criminals who are apparently “too old” to be held behind bars yet are settled with the fact that children should serve some jail time. Not to mention that “being old” only turns up as an excuse to those rich enough to be heard, while the poor are jailed immediately.
There should be a focus on rehabilitating, educating, and nurturing child offenders and giving them a chance of a better life. We were all children once. Surely, we remember what it was like.
Children who commit crimes are victims of circumstance, but it is not yet the end for them. Traumatizing them with criminal liability will only make them never recover from it. Jail is no place for children.
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