By Argyll Cyrus Geducos Malacañang has reservations over the proposed lowering of the criminal age of liability to nine years old, saying kids of that age may or may not be able to discern what they are doing. Presidential Spokesman Salvador Panelo
(OPS / MANILA BULLETIN) Presidential Spokesperson Salvador Panelo made the statement after the House of Representatives justice committee approved the proposed bill lowering the minimum age of criminal liability to nine years old. "Depende siguro sa nine-year-old, eh. Iba na ang panahon ngayon. Because of modern technology, parang ang bibilis nila (Perhaps it depends on the nine-year-old. We live in different times now. Because of modern technology, they are quick on things)," he said. "Considering the technology, yung nine parang equivalent na to 12, 15 years old, eh. May discernment na, eh (The nine-year-old kid is like a 12- or 15-year-old. They are now able to discern)," he added. "Sa criminal law, pag may discernment ka na (In criminal law, if you already know how to discern), you know what is bad and what is good, eh may problema ka sa batas (you will have a problem with the law). You will be accountable," he continued. Currently, the Juvenile Justice or Welfare Act exempts children 15 years old and below from criminal liability. However, President Duterte has been repeatedly expressing that this measure is being abused by criminals who use minors to get away with their crimes. The President said that the minimum age should be lowered but did not mention a specific number. "That's the call of Congress. It's the Congress that will make the law. The President did not say nine in particular. Just lower it. We will not question the wisdom of the lawmakers. Nasa kanila na yun (It's their decision)," Panelo said. Deterrent According to Panelo, Duterte is pushing for a lower age of criminal liability in order to protect the children from being used by criminals. "From the point of view of the President, the law, presently, is being used by criminals to use the children. So to my mind he wants that amendment to protect the children," he said. "If you have a law that will criminalize this particular age bracket, hindi na gagamitin ng mga kriminal 'yan kasi useless pala (criminals will not use them anymore because it would be useless). They're using them now kasi alam nilang (because they know they are) free, they can get out," he added. However, the Palace official was not able to point out if nine years old should really be the minimum age of criminal liability, saying that even the data of the Philippine National Police (PNP) does not record all crimes. "Ang daming hindi nagre-report. Nalalaman lang ng mga PNP na ginamit kung nahuli nila. Eh yung mga hindi nahuli? Eh di wala yun sa survey, wala 'yan sa statistics (A lot of people are not reporting to the police. The PNP is only learning of them once they are arrested. How about those who are not? They are not part of statistics)," Panelo said. Panelo said he believes that nine-year-olds would not be unjustly punished because of the proposal of the lawmakers. He said kids who might be caught may not necessarily end up in jail. "It doesn't have to be going to jail. Kasi nga depende sa provisions ng batas. Kasi depende, kahit may edad na nine, meron palaging colatilla eh (It depends on the provisions of the law because even if he is nine, there still will be a colatilla). If he or she did it with discretion, ito ang kanya, pag hindi ito naman (this will be the punishment, if not, then this will be it for him). So the law will make the distinction," he said. "If you can prove na alam niya, eh 'di may discernment na siya. Depende pa rin sa (that the child knows, then there's discernment. It still depends on the) circumstances surrounding a particular incident," he added. The Palace official, however, doubts that lawmakers will include in the law the assumption that nine-year-old kids have discernment to commit a crime. "I don't think na ilalagay nila yun. Ibababa lang nila siguro pero may colatilla (I don't think they will put that there. Perhaps they will only lower the age of criminal liability but there will still be colatilla)," Panelo said. Panelo, meanwhile, said that parents should be held accountable for the crimes committed by their children who will be under the scope of the proposed measure. "Let's just say that given the action of the President as mayor, he is open to making the parents accountable for the criminal acts of their children if the law says that they can be criminally accountable," he said. The Palace official then suggested that parents should either be jailed or lose parental custody over their children.