Gordon says he will recommend lowering MACR to 12 yrs old
Published Jan 25, 2019 04:50 pm
By Hannah Torregoza
Senate committee on justice and human rights head Senator Richard Gordon said he will recommend the lowering of the minimum age of criminal responsibility (MACR) from 15 to 12 years old.
Senator Richard Gordon
(Czar Dancel / MANILA BULLETIN) Gordon confirmed this in an interview with reporters after terminating the hearings on the issue Friday, Jan. 25. “That is going to be my recommendation…yes (lower it to 12),” Gordon said. Gordon also admitted that it was his personal choice to lower the MACR to 12, in response to President Rodrigo Duterte’s appeal saying it “satisfied his conscience that 12 years old is the reasonable age.” “That’s President Duterte’s request. Although I don’t just follow him. The request was nine but I said let’s go with 12. Why will I say yes just because they said 15? If that’s the case then let’s just make it 18,” Gordon argued. But when asked what was his basis of lowering MACR to 12 years old, the senator retorted: “The world. We are not a highly developed country.” “There’s no global consensus (on that issue) and all the developed countries are also lower. Why do we have to insist we know better, just to make ourselves popular?” Gordon pointed out. Gordon noted that countries that have lower MACR include England, which currently is at eight years old, Singapore at seven years old, while the United States does not even have an MACR. What is important, he said, would be the amendments to be introduced to the existing law, and not the age. Sought for comment, Department of Interior and Local Government (DILG) chief Eduardo Año said he supports lowering the MACR to 12 years old. Año said that based on the present juvenile justice system, only those aged 15 to 18 years old were being committed to rehabilitation centers like “Bahay Pagasa” whenever they commit a crime. “Juvenile delinquents who are 12 to 15 years old are returned to their parents. They are the ones in need of intervention. They have no accountability,” Año said. The DILG chief also refuted experts reasoning that these children in conflict with the law (CICLs) usually come from dysfunctional families. “All the more they should be put in halfway homes. They more they need to be committed to ‘Bahay Pagasa’ if his parents are dysfunctional. Returning them back to their dysfunctional parents won’t do them any good,” Año said. “It’s different when you say to your child, ‘you’re 12 years old already, don’t commit any crime’, from saying, ‘child, don’t worry you won’t face any charges doing that. You’re not yet 15.’ Simple advise, but in the minds of a child, that has a different effect,” Año explained. Philippine National Police (PNP) chief Director General Oscar Albayalde, for his part said they will accept whatever amendment both the Senate and House can agree on, whether to lower the MACR from 15 to 12 or much lower to nine (9) years old. “We do not actually push for anything. If Congress approves 12, we will support it fully; if they approve for the nine, we will support it. On our part, we are concerned over law enforcement; whatever the law would be enacted, we just implement,” Albayalde said. Albayalde also refuted experts’ belief that a child’s brain was still developing at the age of nine to 15, saying it all depends on the child’s environment. Today’s advancement in technology was also key in a child’s development and behavior. “Our environment changes because of this technology that we have now…You cannot just blame this issue mainly on law enforcement. It’s just one aspect of this concern,” Albayalde said.
Senator Richard Gordon(Czar Dancel / MANILA BULLETIN) Gordon confirmed this in an interview with reporters after terminating the hearings on the issue Friday, Jan. 25. “That is going to be my recommendation…yes (lower it to 12),” Gordon said. Gordon also admitted that it was his personal choice to lower the MACR to 12, in response to President Rodrigo Duterte’s appeal saying it “satisfied his conscience that 12 years old is the reasonable age.” “That’s President Duterte’s request. Although I don’t just follow him. The request was nine but I said let’s go with 12. Why will I say yes just because they said 15? If that’s the case then let’s just make it 18,” Gordon argued. But when asked what was his basis of lowering MACR to 12 years old, the senator retorted: “The world. We are not a highly developed country.” “There’s no global consensus (on that issue) and all the developed countries are also lower. Why do we have to insist we know better, just to make ourselves popular?” Gordon pointed out. Gordon noted that countries that have lower MACR include England, which currently is at eight years old, Singapore at seven years old, while the United States does not even have an MACR. What is important, he said, would be the amendments to be introduced to the existing law, and not the age. Sought for comment, Department of Interior and Local Government (DILG) chief Eduardo Año said he supports lowering the MACR to 12 years old. Año said that based on the present juvenile justice system, only those aged 15 to 18 years old were being committed to rehabilitation centers like “Bahay Pagasa” whenever they commit a crime. “Juvenile delinquents who are 12 to 15 years old are returned to their parents. They are the ones in need of intervention. They have no accountability,” Año said. The DILG chief also refuted experts reasoning that these children in conflict with the law (CICLs) usually come from dysfunctional families. “All the more they should be put in halfway homes. They more they need to be committed to ‘Bahay Pagasa’ if his parents are dysfunctional. Returning them back to their dysfunctional parents won’t do them any good,” Año said. “It’s different when you say to your child, ‘you’re 12 years old already, don’t commit any crime’, from saying, ‘child, don’t worry you won’t face any charges doing that. You’re not yet 15.’ Simple advise, but in the minds of a child, that has a different effect,” Año explained. Philippine National Police (PNP) chief Director General Oscar Albayalde, for his part said they will accept whatever amendment both the Senate and House can agree on, whether to lower the MACR from 15 to 12 or much lower to nine (9) years old. “We do not actually push for anything. If Congress approves 12, we will support it fully; if they approve for the nine, we will support it. On our part, we are concerned over law enforcement; whatever the law would be enacted, we just implement,” Albayalde said. Albayalde also refuted experts’ belief that a child’s brain was still developing at the age of nine to 15, saying it all depends on the child’s environment. Today’s advancement in technology was also key in a child’s development and behavior. “Our environment changes because of this technology that we have now…You cannot just blame this issue mainly on law enforcement. It’s just one aspect of this concern,” Albayalde said.