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Adopting Zero Waste Lifestyle
Adopting Zero Waste Lifestyle
Contrary to what majority of the Congress believe in by passing HB 8858, there are a number of
consequences regarding lowering the age for criminal liability. Years of scientific research strongly
oppose the decision made by the House in recommending the minimum age for juvenile delinquency to
be lowered at 12 years old. Scientists believe that the part of the brain responsible for rational decision-
making will not fully develop until the person reaches his or her 25th year. Specifically, the prefrontal
cortex of the brain is responsible for the cognitive behavior, personality expression, decision making, and
moderating social behavior of a person (Dahlitz, 2019). These abilities that are mostly involved in
criminal behavior will make early and middle adolescents weak and hasty with their decisions. One
factor can also be related to its peers which at this point, it is believed that adolescents are receptive to
their fellow. They crave for belongingness, making their choices reflect on what they believe will be
approved by others.
To further understand the scientific factors involved, the University of Rochester Medical Center (URMC)
says that children tend to think emotionally, not rationally, to the point where they tend to feel more
rather than to think. Even though they can distinguish right from wrong, there will be tendencies in
which teens look past the long-term consequences of what they are doing and act based upon their
emotions (Tomacruz, 2019). Therefore, it is unreasonable to place young children in a position where
they can get sent to a court when they cannot understand their decisions well. As said by Leyritana, “To
place such a young person, into the hands of the criminal justice system further curtails his or her future
prospects, and pushes them further towards a negative life trajectory.”
Lowering the minimum age of criminal responsibility to 12 years of age will not help in decreasing the
number of crime rates in the country. "There is a lack of evidence and data that children are responsible
for the increase in crime rates committed in the Philippines. Lowering the age of criminal responsibility
will not deter adult offenders from abusing children to commit crimes," said Lotta Sylwander, a
representative of United Nations Children's Fund (UNICEF) Philippines. The Philippine National Police
(PNP) data shows that from the year 2002-2015, almost 98% of all the crimes were committed by adults
while the children only committed two percent of those crimes. This means that the adults are still the
ones who inflict crimes not the children. As mentioned by Maria Regina Hechanova, president of the
Psychological Association of the Philippines, “…why not go after the syndicates, the adults, not the
children who do not know any better and are vulnerable?” Those adults who coerce children to commit
crimes should be the ones to be punished since they are the reason why there are juvenile delinquents.
From the year 2003 to 2011, the records of the Philippine Drug Enforcement Agency (PDEA) showed that
most of the arrested minors who violate Republic Act 9165, or the Comprehensive Dangerous Drugs Act
of 2002 were found to have been used by drug syndicates as pushers (Roxas, 2018). Making the children
suffer instead of those adults who use them as accessories to the crime will only increase the confidence
of adult criminals to commit crimes over and over again. This will only worsen the situation as young
children who have not yet fully developed their capacity to know the consequences of their actions, will
be labeled as criminals which they should not be (Tomacruz, 2019).
Countries who lowered the age of child’s criminal liability are mostly the one who has a higher rate of
crimes committed in a month or so in a year. Studies show that the country of Thailand, one of Asia’s
most popular holiday destinations, has been rated as one of the top 20 dangerous countries to visit
(“Thailand among top 20”, 2017). Thailand is known for its majestic destinations like temples, and islands
that have various resorts for tourists to visit. But above all these satisfactions, crimes are at a high rate in
which safety is the number one priority for tourists. They lowered the age of a child’s criminal liability to
seven for they believe that these crimes are caused by children, but these are often committed by adults
and not juveniles (Hays, 2008). Another country experiencing this kind of issue is Malaysia. It ranked as
the number one in South East Asia for highest crime rate (Lee, n.d.). Its child criminal liability was
changed from the age of seven to the age of ten. Lastly, India who also lowered their child criminal
liability (seven years old) failed to prove that children are one of the contributors as their crime rate even
heightened after this implementation. “The committee found that there would not be a significant risk
to public safety with this change. It noted that there were about 150 children in the seven-to-nine age
group arrested between 2014 and 2016. They comprised only about two to four percent of the total
number of juveniles - those aged from seven to 15 years – arrested each year” (Vijayan, 2018).
Another reason for the disapproval of HB 8858 or the proposal to adjust the criminal age liability in the
Philippines into a law is because it contradicts existing laws on protecting children. Since the country
ratified the United Nation on the Rights of the Child (UN CRC) in 1990, it commits to uphold and
prioritize the rights of the children in every law that they craft (Tomacruz, 2019). According to United
Nations International Children’s Emergency Fund (UNICEF), the UN CRC is the most accepted children’s
rights treaty in history (Tomacruz, 2019). Regardless of this engagement, the Senate and the House of
Representatives still insist to change the criminal age liability from 18 years old to 12 years old, a move
that is squarely against the welfare of children. This hasty decision moved several fields such as: medical,
economics, human rights and education.
This said proposal does not only deny the UN CRC but also counters its existing code which is the
Republic Act No. 9344 or the Juvenile Justice Welfare Act (JJWC). As said by Sanchez, “JJWC is a system
dealing with juveniles at risk and in conflict with the law that administer child-appropriate proceedings
including programs and services for prevention, diversion, rehabilitation, reintegration and aftercare to
ensure their normal growth and development”. It has commonly been assumed that the full and proper
implementation of the JJWC will help the children and the country instead of lowering the age of
criminal responsibility. According to Jackielou Bagadiong, a Juvenile Justice and Welfare Council policy
and research officer in an interview, putting children in jail is putting them in “schools of crime.” “Prison
is considered to be the ‘breeding ground for crime’ which prisoners can learn new ‘tricks of the trade’
that will make them even more violent,” she said.
Even with the alarming effects and consequences of passing a law to lower the age for criminal
responsibility, numerous claims have been raised saying that a crime is a crime no matter the age.
Government officials such as the likes of President Rodrigo Duterte have expressed their opinions saying
that “the Filipino youth should accept responsibility for their actions and be subjected to government
intervention programs.” He believes that by lowering the age for criminal liability, it will also lower the
chances of children being used by syndicates to commit their crimes for them. However, government
officials should first look on why these Children In Conflict with the Law (CICL) result to crimes. They
must look beyond the crime and actually solve one of the biggest issues in the country that made them
commit the crime in the first place: poverty. The Department of Social Welfare and Development
(DSWD) reported that most CICL cases have come from poor families and harsh environments that
hardened their personalities. These children are most likely to have stopped schooling with nothing to
eat, nothing to sleep on. According to Mary Jane Paundog, a social worker from DSWD, that given the
situation of the children, it is very hard to find options on what to do to survive. She says that at the end
of the day, these ‘criminals’ are only starting to grow up. They long for things a child needs in growing up:
love, care, and affection.
In a world where crimes are committed daily, lowering the minimum age of criminal liability will not
address a solution to juvenile delinquency because it will punish children who have not yet reached
brain maturity. It has been evident in other countries and our country that the adults have a higher
criminal rate than the children. If the proposed bill has been approved, this would encourage the adults
to use the children to perpetrate more crimes. This would also expose them to an environment of
criminals which will make them more likely to live with it. Moreover, larger efforts to enforce laws that
prosecute adults that constrain children to be involved in a criminal behavior should be done. It is the
policy of the State to make sure that children shall be educated to accept responsibility for his or her
words and deeds. It is the government’s role to protect and rehabilitate juvenile offenders through
restorative measures. Instead of agreeing to House Bill 8858, also known as lowering the minimum age
of criminal responsibility from 15 to 12 years old, the government should improve the justice system
particularly concerning the juvenile delinquents. They should focus on rehabilitation rather than
penalization and help in educating the youth.
SOURCES
https://www.thescienceofpsychotherapy.com/prefrontal-cortex/
2 Hays, J. (2008). Crime in Thailand: Rape, Murder, Youth Crime, Human Trafficking, and Criminals High
on Drugs. Retrieved from http://factsanddetails.com/southeast-asia/
Thailand/sub5_8f/entry-3280.html?
fbclid=IwAR2tCGIJbcsMWnQmcAQlm8AuuhS1ypvNYzgIHtG2lbMoqmF9C-pNvCqZfsk
4 Nonato, V. F., & Enano, J. O. (2016). PressReader.com - Connecting People Through News. Retrieved
from https://www.pressreader.com/
5 Roxas, P. A. (2018). Go after syndicates, not children used by criminals - Pangilinan. Retrieved from
https://newsinfo.inquirer.net/970309/breaking-news-francis-pangilinan-ronald-dela-rosa-
Juvenile-justice-and-welfare-act-of-2006-bato-dela-rosa-children-crime-syndicates
6 Sambalud, M. D. (2018, October 08). 'Lower age of criminal liability doesn't equate lower crimes'.
Retrieved from http://davaotoday.com/main/politics/lower-age-of-criminal-liability-
doesnt-equate-lower-crimes/
8 Sanchez, J. (n.d). Overview of Philippine Juvenile Justice and Welfare. Retrieved from:
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
9 Sylwander, L. (n.d.). Lowering the age of criminal responsibility is against child rights: UNICEF. Retrieved
from https://www.unicef.org/philippines/media_28068.html
10 “Thailand among top 20.” (2017). Thailand ‘among top 20 most dangerous countries’ to visit.
Retrieved from: http://www.nationmultimedia.com/news/national/30317678
11 Tomacruz, S. (2019). Lower criminal age of responsibility? Fully implement Juvenile Justice law first.
Retrieved from:
https://www.rappler.com/nation/210291-fully-implement-juvenile-justice-law-first-before-lowering-
criminal-age-responsibility
12 Tomacruz, S. (2019). Why experts strongly oppose lowering the age of criminal responsibility.
Retrieved from:
https://www.rappler.com/newsbreak/in-depth/222628-reason-experts-strongly-opposing-lowering-
minimum-age-criminal-responsibility
13 Vijayan, K.C. (2018). Raising minimum age of criminal responsibility from 7 to 10. Retrieved from
https://www.straitstimes.com/singapore/raising-minimum-age-of-criminal-responsibility-
from-7-to-10?fbclid=IwAR3wHgkSK62lrKcCZdIMdPPQqIC7ZftzwbTjn_JvaoKkpEczrCYesHSvIC8