Padilla bill seeks to lower criminal liability of minors to age 10
By Dhel Nazario
Senator Robinhood Padilla has filed a bill lowering the minimum age of criminal responsibility to 10.
Senator Robinhood Padilla (Senate PRIB photo)
The unnumbered bill seeks to amend Republic Act (RA) No. 9344 or the Juvenile Justice and Welfare Act of 2006, removing criminal liability exemptions for offenders aged 10 to 17 who commit heinous crimes.
This existing law provides for the minimum age of criminal responsibility at 15.
One of the amendments states that children in conflict with the law (CICL) aged 10 but below 18 years old are to be put in Bahay Pag-asa or a 24-hour child-caring institution, except when the offense charged is a heinous crime.
It adds that an offender above 10 years but below 18 years of age who committed a heinous crime shall not be exempt from criminal liability.
Heinous crimes include parricide, murder, infanticide, kidnapping, and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, carnapping where the driver or occupant is killed or raped, or offenses under Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, punishable by more than 12 years of imprisonment.
Under the proposed measure, the provision that if it has been determined that the child taken into custody is 15 years old or below, he or she shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, shall not apply if the offense is a heinous crime.
It also replaces age 12 in the existing law with 15 to 18 years of age when it comes to repetition of offenses, and puts the word "non-heinous" before the word offense.
When it comes to the automatic suspension of sentence, it will only apply if the child is under 18 years of age and if he or she commits a "non-heinous" offense. This goes the same when it comes to the dismissal of the case of children 15 years old and below, which would only apply if it's a "non-heinous" offense.
"While we make it clear that our thrust is to ensure that youth offenders are dealt with through the lens of restorative and not punitive justice, we must guarantee the integrity of our justice system remains and that we do not condone a more precarious state of abuse towards our children," Padilla said in the bill's explanatory note.
"The law remains unresponsive, if not completely remiss in exacting justice, from juvenile offenses to heinous crimes," he said, referring to the existing law.