The Perception of the Selected Grade 7 Students in Wester Colleges, Inc.

on

Lowering the Criminal Age in the Philippines: Basis for Philippine Law

Awareness

A Research Paper Presented to the Faculty of

Senior High School Department,

Western Colleges, Inc.

In partial fulfillment of the requirements for the

Senior High School – HUMSS Strand

by

MAISA, Jarise Nicole

GALARPE, Jade Cyra

HERUELA, Brent Aubrey

MACABENTA, Christopher

MARANO, Arjay

MALACAD, Ismael

APRIL 2019
 CHAPTER I

THE PROBLEM AND ITS BACKGROUND

In this chapter, we will discuss the introduction, followed by the background of the study,

the statement of the problem, the theoretical and conceptual framework, the scope and

delimitations, and the significance of the study. Also, this includes the definition of terms for easier

comprehension of the study.

1.1 Introduction

Decisions of people are heavily influenced by one’s surroundings. According to some

evidence in the field of neuroscience, the decision-making ability of children widely differs from

that of adults. Nevertheless, children may be able to distinguish right from wrong, however,

because of the ongoing changes in their brain anatomy and brain activity, they become more

vulnerable to riskier and more reckless behavior, sometimes. Moreover, the brain does not fully

develop until the early 20s, particularly parts that control the behavior of a person such as control

of impulses, foresight, and comprehending consequences.

In retrospect, crimes around the world seem to have sprung out from various reasons, so

much so that for juvenile crimes, the reasons may also differ – some are caused by personal

tendencies, while others are due to their social environment. Whereas, children are more subject

to vulnerability and may commit criminal offenses because of their familial, personal, and social

circumstances – which leads to the introduction of House Bill No. 8858 that aims to revert the

minimum age of criminal responsibility from fifteen to 9 years old, in substitution of House Bill

No. 002.
 However, there is a lack of evidence and data that children are responsible for the increase

in crime rates committed in the Philippines and it is not just to make changes with the law about

criminal age of liability when there’s nothing really wrong with it – which pushes our research

paper to seek for opinions and insight of those who are affected with the bill and observe if there

are any behavioral changes they have made.

1.2 Background of the Study

Republic Act No. 10630 previously amended Republic Act No. 9344 or the Juvenile Justice

and Welfare Act of 2006, sets the age of criminal responsibility at 15 years old. And on January

2019, the justice panel gave its thumbs up to the substitute bill that would amend Republic Act

No. 10630, the law that currently retains the minimum age of criminal liability at 15 but allows

children as young as 12 to be detained in youth care facilities or Bahay Pag-asa for serious crimes

only such as rape, murder, and homicide, among others.

The debate on lowering the age of criminal liability heated up when the House Justice

Committee approved House Bill No. 8858 which initially proposed to lower the criminal liability

age to 9. Two days later, the committee and legislators decided to raise this to 12 years old

following strong resistance from opposition lawmakers and children’s rights groups. Furthermore,

House Bill No. 8858 passed its 2nd reading, which means the measure is only one step away before

successfully hurdling the House.

The vast community of child rights advocates both in the Philippines and the world express

shock, grief, and disappointment over the hurried deliberations of the House Justice Committee

and eventual passage at he committee level of a bill lowering the minimum age of criminal

responsibility (MACR). To say that child rights advocates are now crestfallen is an understatement.
 The finalization and passage of the bill, which has been pending at the committee level

since 2016, is a stark mockery of the field of child development. Despite the numerous, repeated

warnings from experts, social workers on the ground, and the international community; despite the

voluminous scientific studies that point how the lowering the MACR will open the proverbial can

of worms inimical to Filipino children, the Justice Committee, headed by Oriental Mindoro Rep.

Doy Leachon, still brazenly and unabashedly passed the bill on first reading. (Rappler, 2019)

The passage of the bill hinged on the idea of rampant criminality associated with children.

Yet, national police statistics show less than two percent of all crimes in the country are committed

by children. Also, the bill, in its current form, is highly incompatible with the principles and

provisions of the UN Convention on the Rights of the Child, to which the Philippines is party to,

along with other pertinent international standards on juvenile justice. (Richard Dy, 2019)

1.3 Hypothesis

In Ha, there is a significant effect between House Bill No. 8858 and perception of students

towards such bill in the Philippine Law Awareness, while in Ho, there is no significant effect

between House Bill No. 8858 and perception of students towards such bill in the Philippine Law

Awareness.

1.4 Statement of the Problem

This study will be conducted to identify the students’ perception towards on the lowering

of the criminal age in the Philippines and be a basis for Philippine Law Awareness. Specifically,

this study aims to:

a. define if the respondents are agree or disagree with the proposed bill

b. determine if they are aware with the bill and what is it about
 c. define what is HB 8858 about according to them

d. distinguish the changes (social, behavioral, and mental) they have made, (if there are

any) after knowing about such bill

1.5 Theoretical Framework

Children below a certain age lack the capacity to form the mental element required to

commit a crime. If there is no criminal intent, then there cannot be a criminal act for which the

child can be held responsible.

Meanwhile, according to UNICEF, lowering the age of criminal responsibility would not

stop adult offenders from using children to commit crimes. Therefore, it is only the children that

will be punished. On the other hand, it would be disadvantageous to the poor, given the current

state of the justice system in the country, the bill risks victimizing the poor, among whom most

offending minors come from primarily because of need, even though national police statistics

show less than two percent of all crimes in the country are committed by children. While poverty

is not an excuse to commit crime, there ought to be a clear distinction between making children

responsible for their acts and criminalizing them.

Conceptual Framework

The IPO model presents the paradigm of the study. The first frame shows the input variable

– profile of the students and analysis of their perception regarding to the House Bill No. 8858. The

second frame defects the process use in the study – the data gathering through survey questionnaire

and the analysis of data through statistical treatment. The last frame shows the output variable of

the study – the students’ perception about House Bill No. 8858 and a basis for Philippine Law

Awareness.
 INPUT PROCESS OUTPUT

1. Profile of

Selected Grade 7
1. Data Gathering
Students in
through 1. The students’
Western Colleges,
Questionnaire perception about
Inc.
(Survey) lowering the criminal
2. The students’
age in the Philippines
2. Data Analysis
analysis of their
(Statistical 2. Basis for Philippine
perception
Treatment) Law Awareness
regarding to the

House Bill No.

8858

Figure 1 Paradigm of the Study

1.6 Scope and Delimitations

This research dealt on the perception of the selected Grade 7 students about lowering the

criminal age in the Philippines. Also, this was concerned in basis for Philippine Law Awareness.

Furthermore, the respondents of this study are delimited to those officially recorded

enrolled selected 7th graders in Western Colleges, Inc.

1.7 Significance of the Study

The fundamental purpose of this study is to identify the perception of the 7th graders on the

House Bill No. 8858 which proposes to lower the criminal liability age to 9 that was already

raised to 12 be a basis for Philippine Law Awareness. Thus, this study will help legislative branch

to be more aware with law-making in the country.

This study will serve as a basis for Philippine Law Awareness and for future studies since

the subject matter lacks such study despite of the fruitful information given.

The findings of this study will also be significant to other researchers since the assumptions

that this contemporary study will give relevance to a more extensive study on the subject matter

to shed more light on the issue, is present.

1.8 Definition of Terms

In order to have an easy and better comprehension for the readers, the researchers define

the following terminologies in accordance to how it is used in this study:

Ethical is defined as involving or expressing moral approval or disapproval; conforming

to accepted standards of conduct.

Juvenile Crime is a crime committed by young people below a specific age.

 Juvenile Justice System aims to maintain public safety, skill development, habilitation,

rehabilitation, addressing treatment needs, and successful reintegration of youth into the

community.

Legislators are those people who make law.

Liability is something for which a person is legally responsible.

Neuroscience is the scientific study of nerves and especially of how nerves affect learning

and behavior.

Perception is the way a person thinks about something.

Stark Mockery is an unpleasant behavior or speech that makes fun of someone or

something in a hurtful way.

 CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents a review of both foreign and local literature as well as studies. Review

of Related Literature and Studies helped the researchers find better insights and through

foreknowledge on the topic being studied upon to give clearer conclusion and recommendations.

2.1 Foreign Literature

2.2 Local Literature

2.3 Foreign Studies

The minimum age of criminal responsibility (MACR) was set at ten years old in 1963.

Since then, a deeper appreciation of children’s rights and understanding of their capabilities

and experiences has been gained. (Elly Farmer, London, UK)

In the United States, one of only two non-signatory nations of the Convention on the Rights

of the Child, the situation is even more complex. The lowest age is six, in North Carolina.

Several states have no set standard, and thus rely on the common law age of seven. In New

York, Reuters recently reported on efforts by the top judge to raise the age from sixteen to

eighteen, but only for certain non-violent offenses.

A policy paper by the Childs Rights International Network indicates two nations have

recently lowered the age, Georgia and Panama. Others are considering lowering the age,
 including Argentina, Brazil, France, Hungary, Korea, Mexico, Peru, the Russian Federation,

and Spain. The report states, “CRIN has collected worrying evidence that a growing number

of States in all regions, far from fulfilling their legal obligations to respect the rights of all

children, are moving backwards in their approach to juvenile justice and criminalizing more

and younger children.”

2.4 Local Studies

ABS CBN stated that House Bill No. 8858 subjects the child who “acts with discernment”

to “intervention and diversion proceedings.” On the other hand, scientific studies, showed that

discernment on decisions and actions – which is apart from the ability to distinguish right and

wrong – does not develop until adolescent years.

According to the current law under the constitution of the Philippines, children 15 years of

age or under at the time of commission of offense shall be exempted from criminal liability.

At present, the Philippine government is analyzing whether the House Bill No. 8858 should be

passed or not because of the significant increase in juvenile crimes in which numerous adults

use young children in the commission of crimes. Too often, prejudice related to race, ethnicity

or social and economic status may bring a child into conflict with the law even when no crime

has been committed.

Lowering the minimum age of criminal responsibility does not support a just and

progressive society. However, lowering the age of criminal liability have lowered juvenile

crimes. (Samantha Carlos, 2016)

Nevertheless, Sotto’s bill, which was filed at the Senate, seeks to lower the age of

criminality to 13. In filing the bill, Sotto cited a study done by the Child Rights International
Network which showed that the average minimum age of criminal responsibility in Asia and

Africa is 11, while it is 13 years of age in the United States and Europe.
 CHAPTER III

METHODOLOGY

This chapter discusses the operational plan of work or strategy. It includes research design,

area of study, population, sampling technique, instrument for data collection as well as its

administration, and the method of data analysis.

3.1 Research Design

This study used the descriptive method of research. The researchers chose a survey

research design because it best served to answer the questions and the purposes of the study.

The survey is one in which a group of people is studied by collecting and analyzing data

from only a few people considered to be representative of the entire group and findings from this

are expected to be generalized to the entire population.

3.2 Research Locale

This study will be conducted in the Junior High School Department of Western Colleges,

Inc. located at Latoria, Naic, Cavite.

3.3 Respondents of the Study

The respondents of this study will be the selected students from Grade 7 in Western

Colleges, Inc. These respondents will help the researchers to identify the perception a 12 to 13-

year-old student about the House Bill No. 8858.

3.4 Sampling Technique

The researchers used simple random sampling where each member of the population has

an equal chance of being included in the samples. This technique was chosen to ensure a non-

biased representation of the study.

3.5 Research Instrument

Questionnaire will be used as the instrument to conduct the survey. The questionnaire has

only one section: the profile together with the survey proper. The profile contains demographic

characteristics of the respondents such as age and gender. In the survey proper, choices less than

4 are provided for each statement. The choices will be evaluated and will help the researchers to

determine the perception of the respondents towards the House Bill No. 8858.

3.6 Data Gathering Procedure

The researchers proposed a title for a research paper to their designated research adviser.

After the title has been approved, the researchers started conducting and supplying information for

the chapters 1, 2, and 3.

The information that will be gathered will come from the survey questionnaire answered

by the selected grade 7 students in Western Colleges, Inc.

3.7 Statistical Treatment of Data

Data gathered through the instrument was subjected to statistical treatment to determine

the