By: Jolo Van Clyde S. Abatayo, RL
Bits of FACTS!
Republic Act (RA) 10630 is the law that currently retains the minimum age of criminal liability at 15 but allows children as young as 12 to be detained in youth care facilities or Bahay Pag-asa for serious crimes only such as rape, murder, and homicide, among others. This law formerly amended RA 9344 or the Juvenile Justice and Welfare Act of 2006, which sets the age of criminal responsibility at 15 years old (Cepeda, 2019).
Last January 21, 2019, the Committee on Justice submitted a report regarding the proposed amendment of RA 10630 which is the House Bill No. 8858. It aims to lower the criminal responsibility of children to 9 years old. However, on Wednesday, January 23, 2019, the house has decided to alter the provision. Instead of lowering it to 9 years old, they’ve changed it to 12 years old.
Bits of my STANCE!
Since I am a librarian and a professional, I always do research before reacting to the different political issues the country is facing right now. I want to talk more about the proposed minimum criminal liability age that is one of the gigantic political concerns in the country. Before, I really don’t have an idea about it so I kept myself silent, but because I have read legit articles or write-ups about the proposed amendments of the existing law, Republic Act (RA) 10630, I have become so interested and curious (real quick) about it. (I would like to thank the official gazette too for the republic acts).
Honestly, I don’t have a problem with it because if we look at the reality, it is so rampant that there are many cases right now about children abusing the law. This amendment will just serve as a discipline against children who are not afraid to disobey the law. It will also serve as a very painful slap and spank to the parents, guardians, teachers, churches, and other concerned individuals or institutions who are not doing their part in transforming these juveniles into law-abiding citizens. Furthermore, it is not stated in the bill that the children who will be found guilty will be put in jail. In fact, they will be sent to reformative institutions. The treatments will not be the same as what adult criminals are experiencing. The aim of it is to discipline and metamorphose them! Also, there are many countries who have lower criminal responsibility age than the proposed one. To wrap it up... I'm OK with it! Let's make it happen coz I don't like to bet my hopes for this country to children who can't be tamed!
Here are some of the Asian countries are faring in terms of setting the minimum age of holding their juvenile offenders accountable for crimes committed:
1. INDONESIA (from 8 to 12 years old)
Indonesia's law set the age of criminal responsibility to 8 years old.
However, a new law on the Juvenile Justice System came to force in 2014 which increases the minimum age of trial from 8 to 12 years old. The new law also encourages the use of restorative justice practices among others.
However, a new law on the Juvenile Justice System came to force in 2014 which increases the minimum age of trial from 8 to 12 years old. The new law also encourages the use of restorative justice practices among others.
[Source: UNICEF.org]
2. THAILAND (7 years old)
In Thailand, criminal responsibility starts when the child is older than 7 years old. But while the child cannot be punished until he is over 14 years old, the court has the power to decide whether to release him to his parents or guardians under certain conditions or send him to a training school for a designated period, among others.
3. MALAYSIA (10 years old)
The Penal Code set the age of criminal responsibility to 10 years old. But the Syariah Criminal Offences Act of 1997 states that children are held criminally responsible from the onset of puberty, while crimes under the Internal Security Act can be prosecuted regardless of age.
4. SINGAPORE (7 years old)
The Penal Code in Singapore set the age of criminal responsibility at 7 years old. Child offenders aged 16-17 are tried as adults.
5. VIETNAM (14 years old)
The current age for criminal responsibility in Vietnam is at 14. Child offenders aged 14 and older are criminally responsible for very serious crimes while children 16 or older are criminally liable for any offense.
6. CAMBODIA (14 years old)
While the age of criminal responsibility in Cambodia is at 14, child offenders are usually tried as adults and mixed with adults while in detention.
But this is what the new Juvenile Justice Law that was passed in 2016 hopes to address in treating children in conflict with the law.
[Source: UNICEF Cambodia]
7. MYANMAR, (7 years old)
Under Myanmar's Child Law, children above 7 to 12 years old may be held criminally responsible if they have "attained sufficient maturity of understanding to judge the nature and consequences" of their conduct.
8. BRUNEI (7 years old)
Brunei's Penal code states that children 7 to 12 can be criminally responsible where they have attained sufficient maturity of understanding to judge the nature and consequences of their actions at the time of the offense.
9. LAOS (15 years old)
Children who committed an offense cannot be held criminally liable if they are under the age of 15.
10. JAPAN (14 years old)
Children can be held responsible for a crime committed if they are 14 years old and above. It also sets the minimum age at 14 where the child shall be subjected to detention during process of investigation.
[Source: The Ministry of Foreign Affairs of Japan]
11. Hong Kong (10 years old)
The Juvenile Offenders Ordinance of Hong Kong states that no children under the age of 10 can be found guilty of a crime. A juvenile court shall have jurisdiction to hear and establish a charge against a child.
[Source: Hong Kong e-Legislation]
12. South Korea (14 years old)
The current age of criminal responsibility in South Korea is at 14. However, the government is seeking to lower this to 13 following rising violent incidents involving the youth.
[Source: youthpolicy.org]
13. China (14 to 16 years old)
Article 17 of the Criminal Law of the People's Republic of China set the age of criminal responsibility at 16 years old. However, children who reached 14 and committed serious crimes such as homicide, rape, robbery, drug trafficking, arson, explosion or poisoning will be held criminally liable.
"Hey! You! Yes, you! What are your thoughts on this matter? Please let me know!"
References:
· rappler.com
· officialgazette.gov.ph
· news.abs-cbn.com
