INTRODUCTION
c. In the status quo set out by the
“A child 12 years of age and above but
below 18 years of age shall likewise be
exempt from liability and be subjected to an
intervention program, unless the child has
acted with discernment, in which case, such
child shall be subjected to the appropriate
proceedings in accordance with this Act.” –
13-page committee report prepared by
Senate justice committee chairperson
Richard Gordon, signed by 11 senators
The current law which is Republic Act 9344
(Juvenile Justice Law of 2006) sets the
2. Philippine National Police favors
minimum age of criminal liability at 15 to
18 years old may be detained in youth
centers and be put through rehabilitation
programs. Those under 15 years old are
exempted from criminal liability and
undergo intervention.
RA 9344 Section 4 (e) defines the "Child in
Conflict with the Law" as a child who is
alleged as, accused of, or adjudged as,
having committed an offense under
Philippine laws.
PROPOSITION
Philippines should lower the age of criminal
responsibility to 12 years old
1. International Average
a. In Asian countries
- Indonesia (8-12)
- Malaysia, Hong Kong (10)
- Singapore, Myanmar, Brunei,
Thailand, India (7)
b. Others
- Ireland (12)
- South Africa, New Zealand,
Australia (10)
- UK (10-12)
- Saudi Arabia (7)
- United States (6-10)
2007 United Nations Committee
on the Rights of the Child, the
UN outlined that the minimum
age of criminal responsibility
around the world ranged from: “a
very low level of 7 or 8 to the
commendable high level of age
14 or 16.” The committee said
that 12 should be the absolute
minimum age for a child to be
charged in the judicial system…”
lowering criminal age
- Based on data collected by the
PNP Directorate for Intelligence
and Investigative Management’s
Crime Incident and Reporting
System, a total of 11,324 crime
incidents involving minors were
recorded in 2018, 21% lower that
the 2017 total of 14,409 incidents
of children in conflict with the
law
- According to PNP Women and
Children Protection Center
(WCPC), it is more apt to lower
the age of criminal liability to 12
years old, as it matches PNP
data. William Macavinta, Chief
of the PNP Women and Children
Protection center said that based
on their monitoring of the age
bracket of minor violators, they
saw a surge among those
between 12 and 15 year olds.
PNP figures showed that from
2016 to 2018, the number of
offenses spiked among 12 to 15
year olds. 6,384 incidents were
recorded involving those 12-15
year olds. Most of the offenses
 committed were physical
injuries, rape, and robbery
3. Age of criminal responsibility is
high now but it has not curbed
criminality among the young
OPPOSITION
Philippines should not lower the age of
criminal responsibility to 12 years old from
the current 15 years old
RA 9344 Section 4 (b) defines the “best
interest of the child” as the totality of the
circumstances and conditions which are
most congenial to the survival, protection
and feelings of security of the child and
most encouraging to the child's physical,
psychological and emotional development.
It also means the least detrimental available
alternative for safeguarding the growth and
development of the child.
1. Children have the right to be
protected and lowering criminal
age contradicts laws that intend to
protect children
2. Children are still vulnerable and
- In 1990, the Philippines ratified
the United Nations Convention
on the Rights of the Child, which
meant that the country committed
to place the best interests of
children as its primary concern
when crafting policies that
concern them
- The United Nations International
Children’s Emergency Fund
(UNICEF) said that lowering the
age of criminal responsibility is
an act of violence against
children. Children who are
exploited and driven by adults to
commit crimes need to be
protected, not further penalized
- Lowering the age of criminal
responsibility could expose more
children to the gaps of the
juvenile justice system, which is
already struggling to cope with
children in conflict with the law
- Former Solicitor General Florin
Hilbay said not to look at the
proposal from the lens of the law
instead from the lens of practical
reasoning and morality
- UN Committee on the rights of
the child
- Human Rights Commissioner
Karen Gomez Dumpit argued
that lowering the MACR
"definitely contradicts" the
purpose of these laws, which
intend to protect children from
harm and violence. "All the laws
mentioned recognize that fact,
such that the crimes are either
considered aggravating
circumstances when committed
against children, or they are
given very stiff penalties."
their brains have not fully
developed
- According to scientific research,
children are still developing their
decision-making capacity and
therefore do not know how to
fully discern by themselves yet
- According to the Psychological
Association of the Philippines
(PAP), this means that changes in
areas of the brain, which are
responsible for impulse control,
decision-making, regulating
emotions, and evaluating risks
and rewards are still taking place.
- Unlike adults, children are less
able to consider and understand
 the long-term consequences of
their actions.
- “These abilities, which are
involved in criminal behavior, do
not fully form until young
adulthood, making young people
especially vulnerable to engaging
in risky behaviors,” the PAP
said.
- This matters because it means
that while children may know
right from wrong, they are unable
to fully understand the
consequences of their actions.

3. Children are only victims to larger

crimes

- The national Commission on

Human Rights denounced the
bill, saying that “punishing
children for the crime and abuse
of syndicates and other people is
against the state’s responsibility
to look after the interests and
welfare of children.”
- Lowering the minimum age of
criminal responsibility will not
stop syndicates from using
children. It will only encourage
them to exploit even younger
children