Senate proposal to bring down age of criminal liability to 9 yrs old opposed

Senator Francis “Kiko” Pangilinan. INQUIRER FILE PHOTO

MANILA, Philippines — Senator Francis “Kiko” Pangilinan strongly opposed a colleague’s proposal to bring the age of criminal liability back to nine years old, saying it was a major step backwards in the campaign to uphold and defend the rights of children.

The present Juvenile Justice Law exempts minors aged 15 and below from criminal liability.

But Senator Francis “Chiz” Escudero wants the law suspended and suggested a return to the old law which exemped those aged from nine years old and below.

Pangilinan said Escudero should explain whether his proposal had legal and scientific bases or simply what appeared to be popular with the media and some sectors of the society.

“With all due respect to its proponent, this proposal is a major step backwards in the campaign to uphold and defend the rights of children. In addition, the proposal ignores our country’s commitment to the UN convention on the rights of a child,” Pangilinan said in a text message on Wednesday.

“Those proposing the amendment should explain its legal and scientific bases. Is it based on research? What study if any was commissioned to justify returning the age of criminal liability to nine years old? Or is this a proposal based on what appears to be popular with the media and some sectors in society?” he asked.

“The law crafted in 2006 was based on research studies by child rights and child psychology experts. Can the same be said of the proposal now being brought forth? I want to hear the explanation of the proponents and am ready to debate the matter in plenary,” he further said.

Pangilinan reiterated that the problem was not the law but the failure of the government to fund and implement it.

For four years, he said, the landmark piece legislation was unfunded by the Arroyo administration.

It was only when the new administration of President Benigno Aquino III took over in 2010 that the intended amount for the law was released, said Pangilinan.

“No law can hope to be effectively implemented if it is not funded. With only five employees, no executive director and no office of its own it had no chance of succeeding,” he said.

“We should give the law a chance to be implemented before we even think of suspending its implementation,” the senator added.