ETHICAL PAPER

CRIMINAL AGE RESPONSIBILITY

INTRODUCTION
Criminal age responsibility refers to the minimum age at which a person can be held legally
accountable for their actions and charged with a criminal offense. In most countries, there is a
specific age below which a person is considered too young to be held criminally responsible for
their behavior. The idea behind criminal age responsibility is that young people may not have the
same level of maturity, judgement, and understanding of the consequences of their actions as
adults do, and therefore should not be held to the same legal standards. The age of criminal
responsibility varies widely around the world. In some countries, the age is as low as 7 or 8,
while in others it is as high as 18. Some countries have different age limits for different types of
offenses, such as more serious crimes like murder or terrorism. Determining the appropriate age
of criminal responsibility is a complex issue, and there is ongoing debate among lawmakers,
psychologists, and other experts about what age is most appropriate. Some argue that the age
should be higher to reflect the latest research on brain development and decision-making in
adolescents, while others argue that young people should be held accountable for their actions at
an earlier age to promote public safety and deter criminal behavior.
In the Philippines, under Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006,
the minimum criminal liability is currently 15 years old. This means that a child under the age of
15 at the time of the crime cannot be held criminally responsible. However, there have been
discussions and proposals to lower the age of criminal responsibility to 12 or less, which has
prompted the need to address the rising crime rate among children. That proposed change has
drawn controversy and opposition from various groups, including child protection activists and
human rights organizations, who argue that children involved in criminal activity are often
victims of poverty, neglect, and abuse, and that the age of criminal responsibility is lowered
would not address the root causes of the problem. Currently, the age of criminal responsibility in
the Philippines remains at 15, and any changes to this law will require legislative action.
According to Joanne Ponsoy’s report on “24 Oras”, the victim who is known as Axel Castro of
Barangay Green Villige, had a gag on the mouth and wounds when he was found at the house of
the 16-year-old suspect. A two-year-old boy was found dead at the house of a neighbor in
Concepcion, Tarlac a day after he went missing on Wednesday. The investigation on Axel’s
mother and the suspect were involved in a quarrel. According to Police Lieutenant Colonel
Noriel Romboa, chief of Concepcion Police Station, “Tinakpan niya ng tela, yung damit daw,
yung bata, hiniga nya sa sahig. Nagpumiglas yung bata, may unan siya nakita raw yun ang
pinangtakip niya sa mukha. Nung humihina na yung pagkawag nung bata, pag-alis daw niya iba
na yung kulay ng bata.”
It is for these reasons that the researchers chose this topic, some young people are now involved
in heinous crimes that could land them in a life sentence. The top 3 crimes committed by
children in 2015 were theft, physical harm, and rape. 2015 saw a total of 3,715 theft cases and
1,859 physical harm cases. 642 incidents of rape involving juvenile offenders were reported.
 BODY
Data from the Philippine National Police (PNP) shows that over 1,600 children under the age of
18 had been detained by police since 2017 after being accused of committing rape. This news
showed that Philippines government need to approve the lowering age of criminal responsibility
because most of the crimes committed by minors.
As revealed by scientific research, children's thinking and impulse control are affected since
brain function is not fully developed until around the age of 16. Arguments in favor of lowering
the legal age of criminal responsibility claim that youngsters as young as 9 are already mature
enough to make wise decisions.
The law was quickly exploited by crime gangs, which employed minors as drug couriers, jueteng
bet collectors, lookouts, and messengers. Terrorist and rebel groups use children in their supply
networks. Some children are even turned into armed fighters.
Kant's Theory of Moral Development The human being must mature and develop in order to
become an independent being. The beginning of cultivating and civilizing, as well as moralizing,
should only occur when the kid becomes a youngster "in approximately the tenth year, for by
then he is already capable of reflection," in contrast to the beginning of physical education and
punishment nearly as soon as the child is born. When the child reaches adulthood, which
happens around the age of 16, "education by discipline comes to an end" and the child needs to
be "appraised of his real duties, of the worth of humanity in his own person, and of respect for it
in others" (VE: 27:469).
According to Kohlberg's moral development theory that focuses on the thinking process that
occurs when one decides whether a behavior is right or wrong. Further, the children are
responsible for his/her action at the of 11 and above at level two the conventional level social
rules and laws determine behavior, because they are already aware on what is good and bad.
Moral decision making becomes more than consideration of close ties to others.
CONCLUSION
A child should be prosecuted as an adult and punished if they commit severe crimes like rape or
murder. In order to prevent minors from taking advantage of their immunity from prosecution,
juvenile courts should be tough. Significant psychological support should also be provided to
children in rehabilitation.
Lowering the age of criminal responsibility is a complex issue that requires careful consideration
of many factors, including the maturity level and capacity for rehabilitation of young offenders,
as well as the effectiveness of the criminal justice system in addressing juvenile crime.

While some argue that lowering the age of criminal responsibility may deter young people from
committing crimes and ensure justice for victims, others believe that it could lead to increased
juvenile incarceration rates and hinder the ability of young people to reintegrate into society.
Ultimately, any decision to lower the age of criminal responsibility in the Philippines should be
based on a thorough examination of the potential impacts and benefits, and should be made in
consultation with experts in the fields of law, psychology, and criminology.
The issue of the age of criminal responsibility is one that has been hotly debated in the
Philippines for years. Currently, the country sets the minimum age of criminal responsibility at
15 years old. However, there have been calls to lower this age to as low as 9 years old. While
some may argue that this is too young, there are compelling reasons why the age of criminal
responsibility should be lowered in the Philippines.

First and foremost, lowering the age of criminal responsibility will help to deter young people
from engaging in criminal activity. Many young people in the Philippines are involved in gangs
and other criminal organizations. By holding them accountable for their actions at a younger age,
they will be less likely to engage in criminal activity in the future.

Moreover, lowering the age of criminal responsibility will also help to protect innocent victims
of crime. Currently, there are many instances where young people are involved in criminal
activity, but because they are not considered criminally responsible, they cannot be held
accountable for their actions. This leaves victims without any recourse for justice.

Another important reason to lower the age of criminal responsibility is to provide early
intervention and rehabilitation for young offenders. By holding them accountable for their
actions, they can be provided with the necessary support and resources to help them turn their
lives around. This can include counseling, therapy, and other forms of support that can help them
address the underlying issues that led to their criminal behavior.

Furthermore, lowering the age of criminal responsibility will also help to promote a culture of
responsibility and accountability in the Philippines. By teaching young people that they are
responsible for their actions, we can help to foster a sense of responsibility and accountability
that will benefit society as a whole.

Of course, it is important to ensure that any changes to the age of criminal responsibility are
accompanied by appropriate safeguards to protect the rights of young people. This could include
measures such as providing legal representation and ensuring that young people are not subject
to cruel or inhumane treatment.

In conclusion, while some may argue that lowering the age of criminal responsibility is too
harsh, there are compelling reasons why it is necessary in the Philippines. By doing so, we can
help to deter young people from engaging in criminal activity, protect innocent victims, provide
early intervention and rehabilitation for young offenders, and promote a culture of responsibility
and accountability. Ultimately, these measures will help to make the Philippines a safer and more
just society for all.
The researchers would like to recommend posing a detention center inside the DSWD that
separates the imprisonment of minors who commit heinous crime from adult ones.

References:
https://pia.gov.ph/news/2022/11/23/rape-drugs-theft-among-top-juvenile-crimes-in-wv?
fbclid=IwAR3S8-WFnpM7LCftCBP_mw6rtocVqQdQDUtvUV6SQ-nPrKjS0sNYwBNtClI
https://www.rappler.com/newsbreak/in-depth/151423-why-children-break-law-juvenile-justice/?
fbclid=IwAR0ZC6r1zqSLBhSA4PF3Yx7S-ehMuJCYObw8VmDUknBWjqYmFgSC4t8678M
https://www.gmanetwork.com/news/topstories/regions/852658/suspect-in-killing-of-2-year-old-
in-tarlac-had-row-with-victim-s-mom/story/?
amp&fbclid=IwAR20PPxXjAG2P_BF2SZHwrGadKqyxCpZ6fxoj-VzSp6kuashbQ8NSHerfEw
https://legalresearchph.com/2021/02/02/the-subject-of-crime-a-legal-perspective-on-the-
minimum-age-of-criminal-responsibility/#:~:text=The%20House%20of%20Representatives
%20approved%20a%20final%20reading%20of%20House,undergo%20diversion%20activities
%20or%20programs
https://www.rappler.com/nation/221631-pnp-report-minors-nabbed-for-rape-since-2017/?
fbclid=IwAR2hJOeBEoxOINHYPH-hiHhEIGXjzlzGV4fig4OCuhtEmW30evnhEKF9wvQ
R A M B O T A L A B O N G 2019

https://philarchive.org/archive/FORDAA Paul Formosa