ROUSSEAUIAN CRITIQUE ON THE RATIONALE OF LEGISLATIVE ACT

LOWERING THE AGE OF CRIMINAL RESPONSIBILITY

An Undergraduate Thesis
Presented to
The Faculty of the Philosophy Department
College of Social Sciences and Philosophy
Bicol University
Daraga, Albay

In Partial Fulfillment of
The Requirements for the Degree
Bachelor of Arts in Philosophy

By

ALIZA A. VILLANUEVA

MARION H. BRADECINA III

March 2019
 Chapter I

INTRODUCTION

Background of the Study

“We are inherently good”, this phrase is the main idea of naturalism regarding individuals’

nature. We became who we are today because of the influence of the nature that affects our

personalities, that is why, youth is the very crucial age of the life of a person because this is the

molding stage of an individual. Because of this Jean-Jacques Rousseau proposed five stages of

moral development that give us the idea of mental, psychological, ethical, and moral capacity of

an individual. The level of maturity in each stage should necessarily be considered for identifying

person’s responsibility.

Moreover, to protect the most crucial stage of a person which is childhood, different

countries are implementing laws to protect them. Here in the Philippines we have Republic Act

9344 known as “Juvenile Justice and Welfare Act of 2006” that creates justice system for our

children, wherein the youth at the age of fifteen, the current minimum age of criminal

responsibility (MACR), and below who committed criminal offenses are exempted for criminal

liability, instead they will be subjected to intervention program. However, children having the age

lower than the MACR that commit crime had sudden increase, knowing that they cannot be

subjected to any criminal punishment. This triggered House Representatives Fredenil Castro and

Pantaleon Alvares to propose House Bill No. 002 (HBN002) Legislative Act Lowering the Age of

Criminal Responsibility (LACR) from fifteen years old down to nine years old. Meaning to say

children starting at the age of nine can now be subjected to intervention program and/or criminal

offense and responsibility.

 3

The United Nations Convention on the Rights of the Child (UNCRC) recognizes that

anyone under the age of eighteen is a child. However, in the criminal law, although it is not written

in statute, greater distinctions are made. Anyone under eighteen is a ‘juvenile’, persons aged

fourteen to eighteen are classed as ‘young persons’ and a person under fourteen years old is classed

as a ‘child’. So, within the Criminal Justice System (CJS) in England and Wales, this means that

there is the potential to effectively differentiate between different ages and thus respond to different

ages’ behaviors accordingly. However, the age of criminal responsibility being terribly low does

not allow this. Instead of assessing and recognizing the different stages of development within

‘childhood’, children are being tried as adults, in adult courts without the notion of ‘childhood’

and what it encompasses, welfare and the need for protection, sufficiently being taken into account.

If it is taken into account it is inconsistent and therefore riddled with injustice.

The inherent difficulty to actually conceptualize an age where a child has not the capacity

to act with the appropriate knowledge of an offence, our LACR is simply not acceptable according

to the UNCRC and it cannot seemingly be reconciled with being morally acceptable in general,

especially after the abolition of the presumption that children aged nine to fourteen were doli

incapa𝑥 1 which at least afforded some protection to children. The fact that1 the law has the

discretion to recognize different stages of childhood in practice, but not in our low age of criminal

responsibility, needs to be called into question. With crimes such as murder being committed by

children as young as nine, Professor Carolyn Hamilton, Director of the Children’s Legal Centre

said, “Nothing can excuse such violence, but the manner in which
 4

society deals with children who commit these acts must be tempered by the fact that they remain

children”.

Considering this main issue at hand the researchers formulated this thesis. Its intent is to

understand child’s mental capacity at each stage of moral development as presented by Jean-

Jacques Rousseau in his theory of naturalism and distinguish one’s responsibility towards his or

her act or offense. The five stages of moral development include first stage: infancy (birth to two

(2) years), second stage: the age of nature (two (2) to twelve (12)), third stage: pre-adolescence

(twelve (12) to fifteen (15), fourth stage: puberty (fifteen (15) to twenty (20) and fifth stage:

adulthood (twenty (20) to twenty-five (25) (Emile, 1762).

This study will therefore offer a critique on the rationale of the said legislation to lower the

age of criminal responsibility following Rousseau’s criteria in his theory of naturalism. This

philosophical study that exposes defects of the rationale of legislative act to lower the age of

criminal responsibility using Rousseau’s theory of naturalism, can provide awareness to totally

demolish the idea of proposing the said legislative act and to protect children from possible

psychological problem they could encounter, moreover, as contribution to the application of

Rousseau’s theory of naturalism in understanding our laws and its use in our community

particularly in understanding person’s nature.

1
Doli Incopax – Incapable of criminal intention or malice; not of the age of discretion; not possessed
of sufficient discretion and intelligence to distinguish between right and wrong to the extent of
being criminally responsible for his actions (The Law Dictionary).
 5

Theoretical Framework

“Only natural laws and forces operate in the world” Rousseau stated on his theory of

naturalism which means that the ultimate reality lies in the nature of the matter. In his theory of

naturalism, he also presented five stages of moral development showing the mental, psychological,

ethical, and moral capacity of individuals at each stage of their maturing lives. From stage one:

Infancy (birth to two years), stage two: The Age of Nature (two to twelve), stage three: Pre-

adolescence (twelve to fifteen), stage four: Puberty (fifteen to twenty), and till fourth stage:

Adulthood (twenty to twenty-five). In this five stages of moral development the researchers will

give emphasis on the second stage of moral development which is the Age of Nature wherein the

proposed minimum age of criminal responsibility is included.

In the Age of Nature, the children’s mental capacity such as decision making is still under

development, also in its psychological capacity where emotion regulation, and evaluation of risks

and rewards are also under development, regarding the ethical and moral capacity of a child they

may know what is right or wrong but they are not capable of consistently acting with accordance

to these ethical and moral values. Also, according to Khalid, “the aim of education at this stage is

to perfect the organs and the senses that are instruments of knowledge and the development of his

natural powers before knowledge is actually received.” The development of senses is important

because these help in the proper development of reasoning and judgment. Rousseau does not go

for books at this stage of a child’s life. There should also be no verbal lessons or books for the

child at this stage. Because according to Rousseau as cited in Khalid “reading is the curse of

childhood.” Also “childhood is the sleep of reason.” (Khalid, 1998). At this stage child must
 6

allowed to enjoy his life. The child at this point in life becomes conscious of his existence. He

must be taught to live his life in accordance with the nature.

Rousseau proposed the following methods for education at this stage. First is to let the child

be dependent on things not on people. Second, learn the hard way through experiencing such.

Third, do not over tax the child’s capacity. Fourth, the best value is well regulated liberty. Fifth,

there must be no verbal lessons and no punishments. Lastly, don’t save time but lose it (the most

useful rule of education at this stage).

Another thing that Rousseau presented was the various modes of education that must begin

at this stage. In moral education, main thing to be taught is “never do harm to anyone”; in

intellectual education, learn first by senses, then by ideas then comes judgment; in

motivation, child must feel the importance of learning; and in discipline, child must base from

nature not from things.

In order to figure out the defect on the rationale of legislative act to LACR, the mental

capacity of children as stated in Rousseau’s theory of naturalism will be studied and this theory

will be applied to offer a critique on the rationale of the said legislative act and provide reason as

to why it should not be promoted and re-propose to the congress.

 7

Rousseau’s Theory of Naturalism

Five Stages of
Moral
Development

Discussion of
the Age of
Nature Stage

Corresponding
Individual's
Responsipibilty

Theoretical Paradigm

Figure 1
 8

Statement of the Problem

The aim of this study is to make a critical evaluation on the rationale of legislative act

LACR and unveil children’s level of maturity in the light of Rousseau’s Naturalism.

Specifically, this study aims to answer the following questions:

1. What is the rationale of the legislation to lower the age of criminal responsibility?

2. What is Jean- Jacques Rousseau’s theory of naturalism?

3. What are the defects on the rationale of the legislation to lower the age of criminal

responsibility using Rousseau’s criteria in his theory of naturalism?

4. What new arguments can be offered to counter the reason for the proposed bill from the

critique?

Thesis Statement

This philosophical study offers a critique on the rationale of legislative act LACR. The said

legislation will reduce the current minimum age of criminals which is fifteen as set by the Republic

Act 9344 down to nine years old to avoid pampering the youthful offenders who commit crimes.

It also addresses children at the age of nine as criminally liable because they already have an intent

to commit crime.

The researchers will use Rousseau’s theory of naturalism in critiquing the said legislation.

In the said theory, Rousseau believes that only natural laws and forces operate in the world. Also,

Rousseau had presented five stages of moral development with corresponding

 9

mental, psychological, ethical, and moral capacity in each stage in which the researchers will use

as the criteria to offer a critique on the rationale of legislative act LACR.

Lowering the minimum age of criminal responsibility to nine will involve children under

the second stage of moral development, which is the age of nature, proposed by Rousseau in his

theory of naturalism. Children that are included in the second stage age bracket (two to twelve

years old) possess insufficient maturity that disable them to discern what actually they’re doing.

Legislative act LACR defies the criteria set by Rousseau for the assumption that a nine

year old child already have an intent and he or she already know what is right and wrong. LACR

therefore should neither be re-propose nor implemented.

Conceptual Framework

To make a critical evaluation on the rationale of legislative act to lower the age of criminal

responsibility, this study will elaborate Rousseau’s Theory of Naturalism. In this theory, Rousseau

had presented five stages of moral development that identifies individual’s ethical, moral,

psychological and mental capacity according to his or her age.

The rationale of the legislative act to lower the age of criminal responsibility will be studied

and reviewed to present that there are defects that could affect child’s psychological aspect which

should be given attention. This will be made probable by reviewing different studies conducted

which discovered and gave discussions on the mental capacity of the children that will be under

the scope of the said legislative act. The presentation would show that the involvement of children

with the age of twelve and below on the said legislative act will violate
 10

Rousseau’s criteria in his theory of naturalism. This will optimistically support in pinpointing the

defect on the rationale of the said legislation by way of scrutinizing the connection of Rousseau’s

proposed stages of moral development to the children that will be under the scope of the said

legislative act.

Since this study will determine the defects of the proposed legislation, the application of

Rousseau’s criteria to the factors to be considered by the law in proving one as guilty will be

exposed and establish, that is, by measuring child’s responsibility through observing his or her

mental capacity.

Because of this philosophical study, it will give light on why the legislative act to lower

the age of criminal law should be demolished because it defies the criteria proposed by Rousseau

in his theory of naturalism that states that children’s mental capacity under the age of nine are not

yet fully developed.

 11

Rationale of Legislative Act Lowering

the Age of Criminal Responsibility

Rousseau’s Theory of Naturalism

Critical Analysis of Legislative Act

using Rousseau’s Naturalism

New Argument drawn from Critique

Conceptual Paradigm

Figure 2
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Definition of Terms

For a clearer understanding and to avoid ambiguities, terms used in the study are defined

both operationally and theoretically:

Child – refers to a person under the age of eighteen (18) years (The LAWPHIL Project).

Child at Risk – refers to a child who is vulnerable to and at the risk of committing criminal

offenses because of personal, family and social circumstances (The LAWPHIL Project).

Child in conflict with the Law – refers to a child who is alleged as, accused of, or adjudged as,

having committed an offense under Philippine laws (The LAWPHIL Project).

Criminal Responsibility – a comprehensive legal term that describes the condition of being

actually or potentially subject to a legal obligation (The LAWPHIL Project).

Doli Incopax – Incapable of criminal intention or malice; not of the age of discretion; not

possessed of sufficient discretion and intelligence to distinguish between right and wrong to the

extent of being criminally responsible for his actions (The Law Dictionary).

Human Nature – refers to the distinguishing characteristics - including ways of thinking, feeling,

and acting – which humans tend to have naturally (TheInfoList.com).

Naturalism – is the “idea or belief that only natural (as opposed to supernatural or spiritual) laws

and forces operate in the world” (The Trustworthy Encyclopedia).

Maturity – is the ability to respond to the environment in an appropriate manner. This response is

generally learned rather that instinctive (Definitions™).

Rationale - the fundamental reason or reasons serving to account for something

(Dictionary.com).
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Significance of the Study

In our time where children supposed to be playing, going to school for studying purposes

and most importantly enjoying life free from controversies and involvement on major state

problems, here’s this legislative act LACR subjecting them to criminal liability.

This philosophical study which intent is to offer a critique on the rationale of legislative

act lowering the age of criminal responsibility has its aim to convince lawmakers and child

advocates not to re-propose and promote the said legislation following the criteria set by Rousseau

in his theory of naturalism.

Furthermore, to provide community awareness regarding children’s mental capacity and

be able to prevent them from encountering possible psychological disorder when they are joined

with adult inmates.

In addition to the mentioned significance, this study can also give a relevant contribution

to psychological philosophy by expounding Rousseau’s theory of naturalism, how it can be used

in pinpointing defects on the rationale of legislative act to lower the age of criminal responsibility

as well as how can it be applied in understanding laws and other problem in the society that

concerns or is related to any psychological aspects.

 CHAPTER II

REVIEW OF RELATED LITERATURE AND STUDIES

The second chapter primarily focuses on the literature and studies used by the researchers

to aid them in further understanding the proposed legislative act lowering the age of criminal

responsibility and its defect. Moreover, this chapter contains the synthesis of the related studies

showing that the present study is unique from other research studies that were previously written.

Related Literature

Lowering the Age of Criminal Responsibility

Yee (2017) in her article titled “Lowering Age of Criminal Liability Anti-kids’ Rights”

advocates that the government should give more attention to our worse problem rather that lowering

the age of criminal responsibility. According to the Unity of Child Rights Advocates against

Inhumane Treatment and Neglect of Children (Unchain Children) lowering the minimum age of

criminal responsibility from fifteen years old to nine years old, the government will violate prior

law that protects the rights of the children. If the government sees children as common criminals

this has effect on their psychological state.

Dumlau (2017) said that children should be treated with more compassion and

understanding. This is necessary in their social, mental, psychological and other aspects of

development. Treating them good would leave an impact to them as their intellects matured

otherwise, he believed that subjecting them to criminal prosecution for mistakes or wrongdoings

that their young minds cannot yet discern will irresponsibly damage their future. This is the reason

why lowering the age of criminal responsibility is an anti-child policy.

 15

Geronimo (2017) emphasizes the statement of Liane Rena Manpay a developmental

psychologist that the label of criminal according to her shapes children the sense of self and makes

it likely that they will imbibe a criminal identity. Geronimo states the reason why psychologists

are against to lower the age of criminal responsibility in his article. Due to the possible negative

effect of it to the development of mind of a person it can cause pessimism to the child involve a

might affect his or her perspectives towards the world.

Andrade's (2017) article “Lowering age of criminal responsibility has negative effects”

expressed that for him lowering the age of criminal responsibility would only increase the risk of

recidivism, a tendency to relapse into a previous condition or mode of behavior especially relapse

into criminal behavior. This amendment could only damage the children in conflict with the law for

life because of their experience being jailed. The age bracket is the stage of their emotion and intellect

development so it will not be good to them if they experience such traumatic scenes.

Ciriaco (2017) presented a research showing that lowering the age of criminal responsibility

and punitive criminal justice to youth offenses has negative consequences, including risks of being

used in criminal activities at increasing younger ages negotiating completion of education and access

to opportunities for vocational skills and branding them as criminals and exposing them to further

violence, neglect and social exclusions.

 16

Related Studies

Lowering the Age of Criminal Responsibility

Alhambra (2016) "Children and the Minimum age of Criminal Responsibility: Why the

MACR should not be lowered" stated that detention of children in jails or prison-like facilities,

especially if they are very young, exposes them to criminal elements which may lead them to become

hardened offenders.

Alampay 2006). “Position Paper on HB 002 or the Minimum Age of Criminal

Responsibility” Discussed that child/adolescent brain is still under development. Significant changes

in brain anatomy and activity are still taking place in the (prefrontal) regions that govern impulse

control, decision-making, long-term planning, emotion regulation, and evaluation of risks and

rewards. 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. Although

young people may be able to discern right from wrong action, it is their capability to act in ways

consistent with that discernment that is undermined.

Cipriani (2009) "Children’s Rights and the Minimum Age of Criminal Responsibility: A

Global Perspective" A child under the age of criminal responsibility (12 years old) lacks the capacity

to commit a crime. This means they are immune from criminal prosecution – they cannot be formally

charged by authorities with an offence nor be subjected to any criminal law procedures or measures.

The significance of the minimum age of criminal responsibility is that it recognizes that a child has

attained the emotional, mental and intellectual maturity to be held responsible for their actions. The

minimum age of criminal responsibility set by different

 17

countries ranges hugely from as low as six up to 18 years of age. The median age of criminal

responsibility worldwide is twelve.

Laserna (2008) "Keeping the Minimum Age of Criminal Responsibility at 15 Years: When

It is not a Matter of Choice” stated that the move to lower the minimum age of criminal responsibility

ignores scientific proof about normal brain development of children and isolates a particularly

vulnerable episode in every child’s brain development history, all of which R.A. 9344 seeks to

safeguard.

Gran (2016) "State vs Child: Lowering the age of criminal responsibility" discussed that in

crafting any legislation setting the minimum age of criminal responsibility and providing for a

juvenile justice system, lawmakers should uphold the Constitution, which declares that “the State

shall promote and protect [the youth’s] physical, moral, spiritual, intellectual, and social well-being”

and that the State shall defend the “right of children to assistance, including proper care and nutrition,

and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions

prejudicial to their development.”

Rousseau’s Naturalism

Mahesh Wari (2011) "Naturalism- as a Philosophy of Education" discussed that Rousseau's

Naturalism emerged at a time when education was confined within the rigid rules of discipline by

the influence of Idealism. Naturalism aims at making education free from the bondage of rigid

discipline under which children were tortured. "A child born lives and dies in a state of slavery. At

the time of his birth he is stitched in swaddling clothes and at the time his death he is nailed in a

coffin. And as long as he preserve the human form he is fettered by our institutions. Man was born

free and everywhere he is in shackles.”- Jean-Jacques Rousseau

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Naturalism, as a philosophy of education advocates maximum freedom for the child and further

stresses in freeing the child from the tyranny of rigidity, interference and strict discipline.. The

freedom of child disciplines him and he is naturally controlled by his own learning and experiences.

There is stress given to discipline by natural consequences.

Monteiro (n.d.) "Rousseau's Concept of Education" According to him, the various stages are

sharply marked off from one another by their special characteristics or functions. The first stage from

birth to five is the animal stage. Then there emerges the dawn of self-consciousness. At twelve, he

suddenly becomes conscious of his self in a deeper way. The rational faculty awakens and with it,

the higher sentiments emerge. But the child is still an isolated being without true moral life. The next

stage is reached at puberty, with the emergence of a person’s sexuality, which is the most important

factor in the entire life history of the individual. With the emergence of sex, the social life of the

individual properly begins

Collins (n.d.) "Rousseau's Philosophy (or Philosophies?) of Education" The child at each of

these various stages has very different characteristics than he has at other stages, Rousseau maintains

Two examples will illustrate this important point. One is the, principle of the ‘intrinsic worth of the

child’, this concept is related to, but distinct from, the principle of the goodness of the child at birth.

It signifies that the child is not a miniature adult, but a bag with characteristics somewhat unique to

children, a being of inherent worth and dignity for what he is now, not only for what he will become

later. The author of Emile explains that childhood has its place in the scheme of human life we must

view the man as a man, and the child as a child. One practical
 19

reason he adduces to support this contention is that children may not live to attain manhood and so

will have prepared unnecessarily for that state and will have lost what happiness they could have

experienced as children.

Oelkers (n.d.) "Rousseau and the Image of “Modern Education”" Rousseau's radicalness

whose only concession is to protect the heart from vices, because the child cannot himself ban vices

with virtues. It will not do what adults call moral reasoning, because it lives outside the laws being

a savage to test his forces.

Wylie (2011) "The Educational Theory of Jean Jacques Rousseau" No judgement on

accomplishments; the child is happy as he is unaware of capacity and desire, power and will, and

artificial needs ("happy savage"). And early judgments must be formed not through words or

abstractions but through sensations and feelings. A positive education begins only when the child

becomes aware of his relationships with other people based on sensibility, particularly the innate

feeling of pity, and later love and aversion.

Stent (n.d.) "Paradoxes of Will" Rousseau declare that "Nature wants children to be children

before being men... Childhood has its own seeing, thinking, and feeling." In his novel, Emile put

forward the ides, taken up by almost all later theoreticians of cognitive and moral development, that

young people pass through an age-related sequence of stages in reaching maturity. Listed: Infantile

(Birth to 3 years old), sensory (4 to 12 years old), ideational (13 to puberty), sentimental (puberty to

20 years old), and nuptial-socially-responsible (onwards from 21).

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Synthesis-of-the-State-of-the-Art

This part of the chapter presents the significance of the related studies in this current

philosophical study. Although these studies are all related to this study, there are still differences

which lies in the manner of interpretation and purpose of the subject matter. Thus, the differences

of the related studies and this philosophical endeavor is given in this section.

The study of Alhambra discussed the possibility of a children that are convicted in a jail or

any prison like facilities has a higher chance of becoming more hardened offenders, in other words,

the more the child is exposed to criminal elements the more that child become a criminal.

The study of Alampay in his position paper was discussed in more scientific approach why

is the child at the proposed minimum age must be tolerated because some part of the brain that are

responsible for decision making and evaluation of risks and rewards are not fully developed so the

child at that age is incapable of acting with full discernment.

Moreover the study of Cipriani discussed the significance of emotional, intellectual, and

mental maturity of a child to be held responsible for their actions so that a child that is not totally

matured must have immunity from criminal prosecution.

The study of Laserna discussed that child undergoes a certain brain development

that R.A. 9344 should protect knowing that child undergo this development is enable to act with

their full intellect, however, lowering the minimum age will ignore this factor that may affect the

development of the child involved.

 21

Furthermore, the study of Gran also discussed that the state shall promote the protection of

the youth's physical, moral, spiritual, intellectual and social well-being and shall defend the right

of children to assistance, including proper care and nutrition, and social protection from all forms

of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development,

however, lowering the minimum age will also ignore this factor that the state should consider.

Henceforth, these accounts to serve as adding information for better understanding the

legislative act which will be related to the following naturalism studies.

In the study of Mahesh Wari discussed the freedom of a child from tyranny of rigidity,

interference and strict discipline. The freedom of child disciplines them is naturally controlled by

their own learning experience.

In the study of Monteiro discussed the five stages of moral development of Rousseau in

which the second stage emerges the dawn of consciousness wherein a child stated to ask about

anything and curious about the world.

More so, in the study of Collins he discussed difference between a man and a child.

Wherein a man is a man and a child is a child, child is not a miniature of an adult but has a unique

characteristic differently from adult. So that children must be treated differently from adult.

In the study of Oelkers discussed that a child is incapable of protecting themselves from

vices because they cannot act with moral reasoning.

 22

In the study of Wlylie discussed that a child is unaware of capacity and desire, power and

will, and artificial needs. And judgments are not formed through abstraction but through sensation

and feelings.

Stent's study discussed that children must become children first before becoming a men

and children has its seeing, thinking, and feeling.

The following presentations showed the related studies' relevance and differences in the

present philosophical endeavor. In this point, the difference lies in the approach of the topic in

which the legislative act lowering the age of criminal responsibility is evaluated in the

philosophical perspective that no other related studies have yet undertaken. Moreover, this study

utilized Rousseau's naturalism as the basis in evaluating to find the defect of the said legislative

act.
 CHAPTER III

METHODOLOGY

The third chapter discusses the methodology used in this philosophical endeavor which

involves the process utilized by the researchers to answer the problems that existing in this study.

Also includes the discussion of the scope of definition, limitation of the study, procedures and the

outline of the write up.

Research Method

This study utilizes deductive approach as the method of this research. Deductive approach

works from the more general to the more specific. Sometimes this is informally called a "top-

down" approach. The researchers formulate a set of hypotheses at the start of the research. Then,

relevant research methods are chosen and applied to test the hypotheses to prove them right or

wrong Dudovskiy (n.d.). This method can be applied to examine the rationale of legislative act

lowering the age of criminal responsibility in the attainment of the main objective of this

philosophical endeavor which is to unveil the unseen defects of this amendment based on the

theory of Rousseau’s theory of naturalism. Furthermore, this study is a deductive applied

philosophical type of research for it uses a theory of Rousseau’s stages of moral development that

have been discussed in his theory of naturalism in Emile to resolve the issues regarding on the

rationale of legislative act lowering the age of criminal responsibility. In utilizing the methods

presented, the researchers attained at a certain analysis of Rousseau’s naturalism and its important

role in resolving the concerns in the legislative act.

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Scope and Delimitation

This study utilizes deductive approach as the model of research to be able to understand

what is the rationale of legislative act to lower the age of criminal responsibility is all about, to

reflect on Rousseau’s presented criteria in his theory of naturalism and be able to point out the

defects of the said legislation. In line with Rousseau’s philosophical works, this study refers to his

five stages of moral development specifically the age of nature stage as presented in his book

Emile. The research to arrive at his critique only refer to Rousseau’s presented stages of moral

development of a maturing person. Other than that, no other aspects are considered in the research

in order to attain the objectivity of the study.

Limitation of the Study

Due to the insufficiency of available resources of the primary text of Rousseau’s Emile,

which Rousseau’s naturalism have been discussed, the researchers of this study depend on the

secondary texts available in the internet such as extracts, translations, and summaries. And also

because of the deficiency of studies related to the rationale of legislative act lowering age of

criminal responsibility this limits this study in its objective.

Procedure

A. Sources of Data

The electronic book Emile; or Concerning Education a translation of Eleanor Worthington

and the “Seventeenth Congress: House Bill No. 002” introduced by Capiz Second District

Representative Fredenil H. Castro were utilized in the study as primary texts. Other
 25

references such as book titled Jean- Jacques Rousseau: Restless Genuis by Leo Damrosch, “The

LawPhil Project” by Arellano Foundation, “The Philosophy of Childhood” by Gareth Mathews,

“Jean- Jacques Roussea on Nature, Wholeness and Education” by Singh, Y.K., Children and the

Minimum Age of Criminal Responsibility (MACR): Why the MACR Should not be Lowered by

John J. Carroll, and “Emile (Summary)” by Tim were used as the secondary references.

B. Gathering Data

The researcher explores the internet to gather information that is necessary to this endeavor,

for Rousseau’s naturalism and the rationale of legislative act lowering the age of criminal

responsibility, we have gathered primary and secondary texts in pdf format and e-books. And, we

gathered information by reading different books that we borrowed from other people and library

that is related in this endeavor that will help in validating the data presented in this study.

C. Analysis of Data

The first phase of analysis is the explanation of the rationale of legislative act lowering the

age of criminal responsibility through the discussion of its scope, principles in the administration

of juvenile justice and welfare, structure, and prosecution. The second phase is the discussion of

Rousseau’s theory of naturalism wherein the five stages of moral development of a person

specifically the age of nature stage, nature of a child, and child’s level of maturity. Finally, the

connection between the two phases lead to the defects on the rationale of legislative act lowering

the age of criminal responsibility in light with Rousseau’s criteria indicated in his
 26

theory of naturalism. In this way, the criticisms in the rationale of the legislative act to lower the

age of criminal responsibility will be divulged.

Organization of the Write-up of the Study

Chapter I

The first chapter introduces the problems in this research and the philosophical theory used

to critique the subject matter. This will serve as a guide in the flow and direction of the study. It

also shows and stand of the researchers, and provide the terms that is being used in the whole

discussion of this study.

Chapter II

The second chapter primarily focuses on the literature and studies used by the researchers

to aid them in further understanding the rationale of legislative act lowering the age of criminal

responsibility and its defect. Moreover, this chapter contains the synthesis of the related studies

showing that the present study is unique from other research studies that were previously written.

Chapter III

The third chapter discusses the methodology used in this philosophical endeavor which

involves the process utilized by the researchers to answer the problems that existing in this study.

Also includes the discussion of the scope of definition, limitation of the study, procedures and the

outline of the write up.

 CHAPTER IV

LEGISLATIVE ACT LOWERING THE AGE OF CRIMINAL RESPONSIBILITY

This chapter discuss the rationale of the legislative act to lower the age of criminal

responsibility.

Legislative Act Lowering the Age of Criminal Responsibility

House Bill 002 seeks to amend Republic Act No. 9344, the “Juvenile Justice and Welfare

Act of 2006”, more popularly known as the Pangilinan Law, as amended by Republic Act No.

10630, “An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the

Juvenile Justice and Welfare Council under the Department of Social Welfare and Development,

Appropriating Funds Therefor, and for Other Purposes”.

R.A. 9344, more specifically Section 6 thereof, raised the minimum age of criminal

responsibility from 9 years old to 15 years old. While the intent of protection of the Filipino youth

may be highly laudable, its effects have had the opposite effects, the pampering of youthful

offenders who commit crimes knowing they can get away with it. Worse adult criminals,

individually or those in organized cabal, knowingly and purposely make use of youth below 15

years old of age commit crimes, such as drug trafficking, aware that they cannot be held liable.

The choice of 9 years old as the minimum age of criminal responsibility under the Revised

Penal Code was infused with wisdom. Most children with above this age, especially in these times

when all forms and manner of knowledge are available through the internet and digital media, are

already fully informed and should be taught that they are responsible for what they say and do.
 28

Hence the need to revert the minimum age of criminal liability back to that set forth in the

Revised Penal Code.

In view of the foregoing, approval of this measure is earnestly sought and requested by

Second District Capiz Representative Fredenil H. Castro and First District Davao del Norte

Representative Pantaleon D. Alvarez.

 CHAPTER V

ROUSSEAU’S NATURALISM

Jean Jacques Rousseau was one of the famous nature philosophers of the 18th century. The

theory of naturalism revolves around nature. He emphasized the nature of the child. In 1759,

Rousseau published his famous book “Emile” which contained Rousseau’s ideas on naturalism.

Emile means boy in French. In this novel Rousseau focuses on the private education of the boy

(Shahid, 2000). Rousseau considered world as an artificial, autocratic, egotistic and arrogant place

and Rousseau believed that education should be given according to the natural interest of the child

aiming at a holistic development of the personality. Nature is the best teacher and means of

education according to Rousseau (Singh, 2007).

Theory of Naturalism

“Only natural laws and forces operate in the world” Rousseau stated on his theory of

naturalism which means that the ultimate reality lies in the nature of the matter. In his theory of

naturalism, he also presented five stages of moral development showing the mental, psychological,

ethical, and moral capacity of individuals at each stage of their maturing lives. From stage one:

Infancy (birth to two years), stage two: The Age of Nature (two to twelve), stage three: Pre-

adolescence (twelve to fifteen), stage four: Puberty (fifteen to twenty), and till fourth stage:

Adulthood (twenty to twenty-five). In this five stages of moral development the researchers will

give emphasis on the second stage of moral development which is the Age of Nature wherein the

proposed minimum age of criminal responsibility is included.

In the Age of Nature, the children’s mental capacity such as decision making is still under

development, also in its psychological capacity where emotion regulation, and evaluation of risks
 30

and rewards are also under development, regarding the ethical and moral capacity of a child they

may know what is right or wrong but they are not capable of consistently acting with accordance

to these ethical and moral values. Also, according to Khalid, “the aim of education at this stage is

to perfect the organs and the senses that are instruments of knowledge and the development of his

natural powers before knowledge is actually received.” The development of senses is important

because these help in the proper development of reasoning and judgment. Rousseau does not go

for books at this stage of a child’s life. There should also be no verbal lessons or books for the

child at this stage. Because according to Rousseau as cited in Khalid “reading is the curse of

childhood.” Also “childhood is the sleep of reason.” (Khalid, 1998). At this stage child must

allowed to enjoy his life. The child at this point in life becomes conscious of his existence. He

must be taught to live his life in accordance with the nature.

Rousseau proposed the following methods for education at this stage. First is to let the child

be dependent on things not on people. Second, learn the hard way through experiencing such.

Third, do not over tax the child’s capacity. Fourth, the best value is well regulated liberty. Fifth,

there must be no verbal lessons and no punishments. Lastly, don’t save time but lose it (the most

useful rule of education at this stage).

Another thing that Rousseau presented was the various modes of education that must begin

at this stage. In moral education, main thing to be taught is “never do harm to anyone”; in

intellectual education, learn first by senses, then by ideas then comes judgment; in

motivation, child must feel the importance of learning; and in discipline, child must base from

nature not from things.

 31

The Motivation to Discourse

The Emile is essentially a work that details Rousseau’s philosophy of education. It

was originally published just several months after his other work titled, Social Contract. Like the

Social Contract, the Emile was immediately banned by Paris authorities, which prompted

Rousseau to flee France. The major point of controversy in the Emile was not in his philosophy of

education per se, however. Rather, it was the claims in one part of the book, the Profession of Faith

of the Savoyard Vicar in which Rousseau argues against traditional views of religion that led to

the banning of the book. The Emile is unique in one sense because it is written as part novel and

part philosophical treatise. Rousseau would use this same form in some of his later works as well.

The book is written in first person, with the narrator as the tutor, and describes his education of a

pupil, Emile, from birth to adulthood.

 CHAPTER VI

DEFECTS OF LEGISLATIVE ACT LOWERING THE AGE OF CRIMINAL

RESPONSIBILITY

This chapter provides the defects of the legislative act to lower the age of criminal

responsibility using Rousseau’s criteria in his theory of naturalism.

The detention of children for immigration purposes has philosophical and far-reaching

implications for their development on physical and psychological health. Research indicates that

detention can precipitate delays or even regression in the development of children. Detention can

both intensify existing physical and mental health problems in children and create new problems.

The longer that children are detained, the more likely they are to suffer the effects of detention,

although there is also evidence that even short-term detention can impact detrimentally on

children. Research also indicates the consequences of detention can be long-term, impacting on

former detainees’ personalities and senses of self. This has serious implications for children

regardless of whether they are allowed to remain in the state in which they are detained or required

to return to their homelands. Because of the impact of detention on children, detention for

migration purposes is never in the best interests of the child.

Mental and/or Psychological Aspect

The proposal to lower the age of criminal responsibility would subject children with the

age of 13 to detention. This age is under the age bracket of second stage of development

proposed by Rousseau which is the Age of Nature. The defect with this proposal is that in this

stage children’s mental capacity such as decision making and also psychological capacity where

emotion regulation and evaluation of risks and rewards are still under development.
 33

Also, the United Nations Children Emergency Fund (UNICEF) said that neurobiology

studies show that children don’t reach brain maturity until 16 years old. As such, reasoning and

impulse of children younger than 16 years old are easily affected by their social environment. The

organization stressed that lowering the age of criminal responsibility could even have long lasting

damaging effects on their cognitive, psychosocial, and neurological health, thus, harming their

overall development. Moreover, according to this organization putting these children to jail further

stigmatizes them as criminals and creates an environment that triggers repeat offense, often

extending to adulthood. Children, especially the most marginalized and at risk, must be treated

with a sense of dignity and self-worth.

Correspondingly, a developmental psychologist in the name of Dr. Liane Peῆa Alampay,

a member Psychological Association of the Philippines (PAP) and a professor at the Ateneo de

Manila University find the same defects with that of UNICEF and Rousseau and that is a person’s

brain is still developing through childhood and adolescence. According to her the slowest

developing part of the brain is the part that governs higher order thinking capacities, the ability to

plan, make long term decision, control impulses, regulate behaviors, and all those capacities that

make a person mature, responsible and accountable. As such, she said children and teenagers do

not yet have the cognitive capacity to make reasoned decisions, to control their emotional

impulses, and to consider with forethought the consequences of their actions the same way most

adults can. She also highlighted the role of experiences in brain development, noting that

confrontational childhood experiences affect brain function. Since the typical profile of a Filipino

child in conflict with the law is “a child or youth who is poor and highly exposed to argumentative
 34

childhood experiences and environments not only prevent healthy brain development, but even

further diminish cognitive capacities.

Moral and/or Ethical Capacity

Regarding the ethical and moral capacity of a child, the characteristics or capacity of

children that belongs to the Age of Nature stage may know what is right or wrong but they are not

capable of consistently acting with accordance to these ethical and moral values according to

Rousseau’s distinction in his work Emile.

Dr. Alampay, a member of the PAP states that if we’ll ask a very young children who’s in

15 years old and below if they know right and wrong, most of them would say yes, but the situation

or question is more complex than that sort of “right versus wrong” notion of discernment. It is

according to her not just knowing, but most importantly having the capacity to act on that

knowledge.
 CHAPTER VII

NEW ARGUMENTS

This chapter presents new arguments that can be offered to counter the reason for the

proposed bill to lower the age of criminal responsibility from the critique on the previous chapter.

The age of nine is included in the age of nature

Nine years of age on Rousseau’s noble this is the Age of Nature, wherein the children’s

mental capacity such as decision making is still under development, also in its psychological

capacity where emotion regulation, and evaluation of risks and rewards are also under

development, regarding the ethical and moral capacity of a child they may know what is right or

wrong but they are not capable of consistently act with accordance to these ethical and moral

values. Therefore, the proposed legislation violates this view about the children’s capacity in

mental, psychological, ethical and moral aspect.

Children need more attention, support, and guidance rather than condemning them.

Children are the most fragile member of the basic unit of society and also the most precious

ones because the future will be depending on them. However, the current situation in our society

seems to forget this. Instead of guiding them to the right path the children are being neglected, this

scenario is very alarming because it may result to negative behavior of the children concern. That

is why the children need more of attention, support and guidance rather than condemning them by

doing a heinous act even though they are just a victim of the society.
 CHAPTER VIII

SUMMARY, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

This chapter provides the overall discussions of the study. This includes the summary,

findings, conclusions and recommendations.

Summary

There is a proposal to amend the current Juvenile Justice and Welfare Act in which the

current minimum age of criminal responsibility will be lowered from fifteen years old down to

nine years of age. Jean Jacques Rousseau is a philosopher who presented the theory of naturalism.

He holds the belief that only natural laws and forces govern the world. In one of Rousseau’s famous

novel, Emile, he presented five stages of moral development of a person namely stage one: Infancy

(birth to two years), stage two: The Age of Nature (two to twelve), stage three: Pre-adolescence

(twelve to fifteen), stage four: Puberty (fifteen to twenty), and till fourth stage: Adulthood (twenty

to twenty-five). This stages are designed to determine the nature and measure the capacity of a

person.

Throughout the discussion, the researches try to analyze and offer critique on the rationale

of the legislative act to lower the minimum age of criminal responsibility using Rousseau’s theory

of naturalism. In order to attain the objectives of the study, a set of problems and defects were

exposed, thus, made the researchers arrived to their new arguments. This defects tries to expose

the disadvantage and negative effects to the affected children in conflict with the law. After this,

all the gathered information in the previous topics were utilized in order to analyze the rationale

of the legislative act to lower the minimum age of criminal responsibility being critiqued by

Rousseau’s theory of naturalism which is the main focus of the study.

 37

Furthermore, in the conduct of the study, the researchers employ the stages of moral

development by Rousseau to arrive at the desired critique. Also the conceptual analysis is

employed to guide the researchers in interpreting the data.

Findings

In respect to the defects that the study stipulates, the researchers found out that the proposed

legislative act to lower the minimum age of criminal responsibility is disadvantageous to the

subjected children in conflict with the law. Children in the age bracket of two to twelve belongs to

second stage of development which is the Age of Nature. In this stage of development, children’s

component such as physical, mental, psychological, ethical, and moral aspects are still in the

process of development. Meaning to say their cognitive capacity to distinguish right from wrong

is not enough to hold them liable of their actions. Children age nine who will be the target of the

above-mentioned legislative act, are not mature enough to discern what they are actually doing.

Moreover their psychological capacity are still under development too this includes emotion ruling

and risk analysis. Also, their understanding of the nature of their acts is still not that clear to them,

they may know good and bad but the coordination of their mind and body is not that well-found.

Conclusions

“Everything that adults do, in the eyes of children it is always right”, this indicates that

children cannot discern in their own. Their ability to spot the difference between right and wrong,

good or bad is not fully established. The proposed legislative act to lower the minimum age of

criminal responsibility wherein children in the age of nature (age nine years old to twelve years

old) will be subjected to criminal castigation will not be good for them for it will yield
 38

harm, thus, cause them to suffer from various negative effects on their mental, psychological,

ethical and moral aspects. Using Rousseau’s theory of naturalism, and employing the stages of

moral development that he presented in his work Emile the researchers came up with

aforementioned defects to the said legislative act.

Consequently, because of the defects established by the researchers as a critique of

Rousseau, this study contends that the legislative act to lower the minimum age of criminal

responsibility should not be approved.

Recommendations

By looking, scrutinizing, and considering the nature, capacity and maturity of children in

the age of nine years old, approving the legislative act to lower the age of criminal responsibility

will cause more harm than good. Hence, after exposing Rousseau’s theory of naturalism, this study

recommends that the said legislative act should not be passed instead children must be given more

attention, guidance, and supervision both by the government and most especially by their

immediate supervisor, their family.

This study also recommends to those who want to learn more and know more the nature of

children and their development, to fill themselves with necessary and substantial knowledge and

allow themselves to be flexible and considerate with the liberty of thoughts and engage in

discourses which can provide new knowledge regarding the same concern.

Furthermore, this study recommends the conduct of studies of the same nature and concern,

specifically on the possibility of adopting Rousseau’s theory of naturalism in the conduct of

children or man’s development. The researchers would like to encourage future researchers to deal

with the contemporary issues that affect the lives of people in the community.