The provisions on criminal liability under the country’s Juvenile Justice Law deserve renewed public discussion in light of the recent violent incidents involving minors, including the fatal shooting at a high school in Tacloban City last Monday, Sen. Panfilo “Ping” Lacson said.

Sen. Panfilo “Ping” Lacson on Wednesday, February 4, 2026, during the Commission on Appointments (CA) deliberation of the ad interim appointments of 35 senior officers of the AFP. (Senate PRIB photo)

Lacson, former national police chief, said it is imperative to review the law and reconsider the age of criminal accountability, citing the gruesome murder case of a two-year old boy in England in 1993, who was murdered by two 10-year old boys.

“Our Juvenile Justice Law may really need revisiting and further discussion.  The February 12, 1993 Liverpool, England case of 2-year-old James Patrick Bulger who was abducted and murdered by two 10-year-old boys may convince us to reconsider age as an automatic exemption from criminal liability,” Lacson said in his post on X.

“Discernment to be proven beyond reasonable doubt by state prosecutors as per the latest SC ruling should be safeguard enough to serve justice to all concerned,” he stressed.

https://x.com/iampinglacson/status/2069665276669661552

The senator is referring to the case of Bulger, aged two, who was tortured and murdered by two 10 year old boys in February 1993. The case drew international attention, while the conviction of the two boys prompted discussions on how legal systems should balance accountability, public safety and the rehabilitation of young offenders.

Last Monday, at least three were killed and several were wounded after two male students aged 14 and 15 fired several gunshots in the San Jose National High School in Tacloban City.

One of them reportedly used a 9-mm pistol owned by his aunt, a police staff sergeant. The other used a cal-.38 revolver registered to a Cebu-based security agency where his grandfather supposedly worked.

Based on reports, police investigators said the two planned the attack as early as May 1, and had discussed the Juvenile Justice and Welfare Act while planning the shooting.

Tricia Clare Oco, Juvenile Justice and Welfare Council executive director, said the law contains mechanisms to hold minors accountable while ensuring their rehabilitation.

But the Philippine Supreme Court had ruled that there is a different standard in determining a minor’s culpability for crimes, hence, the need for guidelines to streamline the discernment determination process for crimes involving children in conflict with the law.

The SC, in its ruling said there is no presumption that a minor acts with discernment, adding that the prosecution must specifically prove as a separate circumstance that the alleged crime was committed with discernment.

“For a minor at such an age to be criminally liable, the prosecution is burdened to prove beyond reasonable doubt, by direct or circumstantial evidence, that he or she acted with discernment,” the SC said.

https://sc.judiciary.gov.ph/sc-sets-guidelines-in-determining-discernment-in-crimes-involving-children-in-conflict-with-the-law/

Meanwhile, Senate President Sherwin Gatchalian urged the Department of Education (DepEd) to expedite the hiring of school counselor associates in light of the increasing violence in schools.

Gatchalian pointed out that P2-billion has been allocated under the 2026 national budget for the hiring of 10,000 School Counselor Associates I in line with the Basic Education Mental Health and Well-Being Promotion Act or Republic Act No. 12080.

The said law mandates a School-Based Mental Health Program to promote learners’ mental health and well-being.

And in order to address the shortage of guidance counselors in public schools, the law created School Counselor Associate positions to help implement the School-Based Mental Health Program.

“We allocated funds for the hiring of school counserl associates in order to guide students, instill in them good behavior and ensure their good mental and emotional state,” Gatchalian said.

To qualify as a School Counselor Associate, a candidate must hold a Bachelor's Degree in Guidance and Counseling or Psychology or any Bachelor's Degree with at least 18 units in either field.

Graduates of related degree programs may also qualify if they have completed at least 18 units in Behavioral Science, including 200 hours of supervised practicum or internship in guidance and counseling, preferably in school or community settings.