THE Child Rights Network (CRN) on Tuesday lauded the House of Representatives’s subcommittee that retained the minimum age of criminal responsibility (MACR) at 15.
CRN, which was convened by the Philippine Legislators Committee for Population and Development (PLPCD), said the panel junked the proposal to reduce the MACR to nine-years-old and approved a substitute bill to amend the Juvenile Justice Act of 2006.
Instead of lowering the MACR to nine-years-old, as originally proposed by House Bill 2 and several other bills, the subcommittee opted to retain the MACR at 15 and introduce other measures to strengthen the implementation of the Juvenile Justice and Welfare Act (JJWA).
“We thank the members of the subcommittee for choosing to listen to scientific evidence proving that rehabilitation is a much more effective and sound solution to the problem of children being involved in criminal activities. It is also worth noting that the substitute bill has interventions that extend to children in conflict with the law (CICL) below MACR, from nine to 14 years old. This addresses the problem more considerately, upholding and prioritizing children’s rights,” said PLPCD Executive Director Romeo Dongeto, CRN’s convenor.
On Tuesday morning, the authors of the bill that lowers the age of criminal liability to nine years old gave up on the measure’s passage, and instead, sought the strengthening of the JJWA and retain the current age of criminal responsibility at 15.
A subcommittee of the House of Representatives’s Committee on Justice approved the substitute bill on Tuesday.
“What we have tried to do is to remove the stigma of being criminal, but all the interventions are there and being strengthened further,” Deputy Speaker Pia S. Cayetano said.
The bill will give the state the right to “take responsibility” of a child in conflict with the law if the parents cannot do so.
Party-list Rep. Carlos Zarate of Bayan Muna and Liberal Party Rep. Romeo Acop of Antipolo raised the same concern about funding and capacitating the agencies tasked to implement the measure.
“The weakness of the [Sen. Francis N.] Pangilinan’s law [JJWA], is the funding. The current bill proposes a number of measures to be undertaken by national agencies, but how much appropriation will be given,” Zarate said.
Acop, a retired police director (the equivalent of major general in the Army, Air Force and Marines and rear admiral in the Navy) said there was nothing in the bill that says how the Department of Social Welfare and Development (DSWD) would be strengthened given that it bears the burden of rehabilitating children involved in crimes.
Among the more important provisions of the bill strengthening the Juvenile Welfare Act are:
Establishment of a half-way house to be called “Bahay Pag-asa”, that will be providing childcare round the clock. It will funded and managed by the DSWD. It will provide short-term residential care for children nine to 17 years old involved in crimes, who are committed for rehabilitation or awaiting court disposition.
If the child taken into custody is 15 years old or below, the child will be turned over to the local social welfare-development officer, who shall immediately inform the child’s parents or guardian, or the child’s nearest relative that the child has been taken into custody. The local social-welfare officer will assess if the child needs to be placed under foster care or in a youth-care facility or Bahay Pag-asa.
Any person who induces or coerces a child to commit a crime shall be punished by reclusion temporal if the crime committed is punishable by imprisonment of six years or less, and by reclusion perpetua if the crime committed is punishable by imprisonment of more than six years.
Parents of children who commit serious crimes or who are repeat offenders shall undergo mandatory intervention programs, such as parenting seminars and counseling. Failure to undergo this process shall be a ground for imprisonment for at least 30 days, but not more than six months.
The court shall impose a penalty two degrees lower than that provided for in law for crimes committed by CICL. In cases where the law provides for a fixed period of imprisonment, the period shall be reduced in half. For crimes punishable by life imprisonment, the penalty to be imposed shall be imprisonment of up to 12 years.
If the CICL reaches 18 years of age while under suspended sentence, the court shall determine whether to discharge the child, to order execution of sentence, or to extend the suspended sentence until the child reaches 25 years.
The DSWD shall be responsible for building, funding and operating Bahay Pag-asa in provinces and cities to be identified by the Juvenile Justice and Welfare Council.
All Bahay Pag-asa that are currently operated and maintained by local governments shall continue to be operated, maintained and funded by the respective localities.
The Bureau of Corrections shall establish at least two agricultural camps each in Luzon, the Visayas and Mindanao. The Technical Education and Skills Development Authority shall also establish at least two training centers each in Luzon, the Visayas and Mindanao.