Lower age of liability for child offenders sought

MANILA, Philippines—A lawmaker on Tuesday sought to lower the minimum age of criminal liability of a child offender from 15 to 12 years of age, to deter them from taking part in organized criminal activities.

Filing House Bill 3815, Iloilo City Representative Jerry Trenas said his bill aims to protect the Filipino youth who are often being used as “pawns” by criminals.

The bill imposes “criminal penalties upon offenders belonging to a criminal juvenile organization aged 12 and above who acted with discernment, any person involved in any criminal juvenile organization that tolerates any criminal act as part of its authorized activities or initiation rights, and on parents or guardians of a child commanded, encouraged, or allowed to participate in any criminal act.”

This seeks to amend the Juvenile Justice and Welfare Act of 2006 that exempts minors 15 years of age and below from criminal liability, and allows punishment for minors above 15 to below 18 years of age it is proven that they acted “with discernment.”

“Unfortunately, criminals have taken advantage of this law by employing minors to do their bidding,” Trenas said in a statement.

He said that the number of juvenile offenders has increased because minors are recruited to join gangs to commit crimes because they could not be held criminally liable because of their age.

Under his bill, Trenas said also said that persons who encourage youngsters to join gangs, including their parents, will be held accountable.

“In order to further deter criminality among the youth, this bill shall also penalize the parents or guardian of a child who commands, encourages, or allows him or her to commit any criminal act or to be an accomplice or accessory in any criminal activity,” he added. –Lira Dalangin-Fernandez, INQUIRER.net