At what age should kids be held liable for crime?
With the recent arrest of a teenage boy for the murders of his pregnant mother and sister in Naga City, Cebu lawyers disagree whether an amendment of Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 is in order.
Lawyer Earl Bonachita, president of the Integrated Bar of the Philippines Cebu City chapter, said the law should be reassessed “since reports point out that minors are now being used by criminal syndicates because they are exempt from criminal liability.”
Under the law, “a child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability.”
The child will undergo an intervention program by government agencies.
A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has “acted with discernment.”
Bonachita said the “discernment” provision should be refined.
“There is also a need for an in-depth study on what is now the ‘age of discernment’ so that the right of minors against degrading treatment or punishment could also be protected,” he said.
But lawyer Joan Saniel, executive director of the Children’s Legal Bureau (CLB), said minors should not be held liable for offenses they committed on orders given by elders.
Saniel said those who used minors to commit a crime should answer for the misdeed.
CLB Lawyer Noemi Truya-Abarientos said they presume that minors aged 15 to 18 acted with discernment.
Abarientos said RA 9344 helped the community treat minors better.
She said allegations that the law has been abused must be proven.
