New code lowers criminal liability to 12 years old

A CHILD in trouble with the law would have to be at least 12 years old, not 15, to be held criminally liable for his acts.

This is one of several features of the new Criminal Code of the Philippines.

Aside from lowering the minimum age of criminal liability, community service will be an alternative penalty for offenders in minor crimes.

The new code was presented yesterday to Cebu’s legal community, law enforcers, and non-government organizations (NGOs) by a Criminal Code committee formed by Justice Secretary Leila de Lima.

“It’s time to change the Revised Penal Code. It’s long overdue,” said committee chairman Geronimo Sy in a forum held at the Elizabeth Hotel in Cebu City yesterday. The Revised Penal Code was enacted in 1932.

Cebu was the committee’s second stop after Legazpi City in Albay.

New provisions were added on prosecution of crimes committed abroad, allowing appeal in cases of acquittals and simplified categorization of crimes.

If approved, the new rules would apply to crimes committed outside the Philippines by a Filipino or an entity registered in the country.

The new code also exempts certain persons from criminal responsibility or accountability.

This applies to a minor under 12 years old, an insane person and a person acting in self defense, among others.

The present law places the minimum age of criminal responsibility at 15 years old.

Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 states that a “child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability.”

But the child offender will undergo an intervention program.

A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and undergo interventions.

The exemption is waived if the child was proven to have acted with discernment, the law states.

While appeals are prohibited in case of acquittals under the present code, the new rule would allow the state to contest cases whose accused were cleared of the charges.

The committee proposed that the new code will take effect on Jan. 1, 2015.

Among those who attended the consultation and presentation yesterday were members of the National Bureau of Investigation, the police, prosecutors, judges, Integrated Bar of the Philippines and NGOs.Reporter Ador Vincent Mayol