The Subject of Crime: A Legal Perspective on the Minimum Age of Criminal Responsibility

By June Steve G. Barredo and Jennifer V. Labrador

“What is needed now are increased efforts to promote youth participation and commitment; more services aimed at youth; more parental involvement; more education and information, using schools and other sites; more protection for girls, orphaned children and young women; and more partnerships with people with HIV and AIDS.” (Carol Bellamy)

CHAPTER I

INTRODUCTION
BACKGROUND OF THE STUDY

            The State recognizes the vital role of children and youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. (RA No. 9344)      

            The State owes protection to children. The state has to protect the children physically, mentally, and morally. When parents are unable to give the needs of the children, the state should provide those needs. The aids start with educating the parents of their parental obligations. Parents should understand their roles in rearing their children. The state also provides free education to children. Part of the education program is training them how to become responsible citizens; citizens who understand their duties and responsibilities to the country and their fellowmen.

            Article XV, Section 3, Paragraph 2 of the 1987 Constitution Sates that; “The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.”

            The Philippines has already made development in the realization and protection of children’s rights by enacting the Republic Act No.9344 or otherwise known as the “Juvenile Justice and Welfare Act of 2006” which covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. It prohibits the detention of children in jails, raises the age of criminal responsibility to 15 from 9 years of age, and provides for juvenile delinquency prevention programs.

            House Bill 8858 is being proposed which lowers the age of criminal liability from 15 to just 12 years old to correct the criminal acts of children being covered by the law and to provide justice to the victims. It’s also a way to prevent the use of minors in committing crimes. However, this proposal received opposing opinions.

            Therefore, the Legal Research and Thesis Writing Course provides an avenue for future lawyers to examine the effects of the Republic Act No.9344 or otherwise known as the “Juvenile Justice and Welfare Act of 2006” on “children in conflict with law” and the possible effects of House Bill 8858, which lowers the age of criminal liability from 15 to just 12 years old. Thus, this Legal Research is being proposed.

CHAPTER II

STATEMENT OF THE PROBLEM

            The House of Representatives approved on third and final reading a proposed bill lowering the minimum “age of criminal responsibility” from 15 years to 12 years old- House Bill No. 8858- “AN ACT EXPANDING THE SCOPE OF THE REFORMATION AND REHABILITATION OF CHILDREN IN CONFLICT WITH THE LAW AND STRENGTHENING THE SOCIAL REINTEGRATION PROGRAMS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, AS AMENDED, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”. This study aims to determine whether lowering the minimum “age of criminal responsibility” from 15 years to 12 years old would be practical to protect “children in conflict with law” particularly in “Himamaylan City”. Specifically, this research aimed to answer the following questions:

• How many children committed crimes from 2015-2019 in the “City of Himamaylan” as to gender?

• Is there a significant change in the number of “children in conflict with law” from 2015-2019 in the “City of Himamaylan”?

• What are the crimes committed by “children in conflict with law” from 2015-2019 in the “City of Himamaylan”?

• What are the most common crimes committed by “children in conflict with law” in the “City of Himamaylan”?

• What age bracket of children has committed the most number of crimes such as:
  • 12 years old and below
  • 12 years and 1 day to 15 years old
  • 15 years and 1 day to below 18 years old

• Whether the “Bahay Pag-Asa” (intensive juvenile intervention and support center) in “Himamaylan City” is conducive for “children in conflict with law” in the attainment of the purpose of the law.

SIGNIFICANCE OF THE STUDY

The findings of this study hoped to serve as a basis for future legislation in protecting children, reducing crimes committed by children, reforming “children in conflict with law” and attaining justice.

Parents. May remind them of the significance of parental authority and guidance; to provide information on the proposed House Bill 8858 and the importance of their participation.

Children. To inform them of their liabilities when they commit a crime, and the effort of the state to reform them and the measures taken to achieve the policy which states, “The State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development.”

Legislators. To help them determine the factors that need more attention and requiring certain measures to protect children.

Lastly, Future Researchers. To aid them in their research, provide information, and serve as a guide in attaining the objectives of their study.

SCOPE AND LIMITATION OF THE STUDY

This study aims to investigate the number of “children in conflict with law” and the changes in the numbers from 2015-2019 in the “City of Himamaylan”. The law enforced “during these years is the Republic Act 9344 or “The Juvenile Justice and Welfare Act of 2006” setting the minimum age of criminal responsibility to 15 years old. The proposed House Bill 8858 or the “An act expanding the scope of the reformation and rehabilitation of children in conflict with the law and strengthening the social reintegration programs, amending for the purpose republic act no. 9344, as amended, otherwise known as the “juvenile justice and welfare act of 2006,” is seeking to amend the minimum age of criminal liability to 12 years of age. This research will assess whether there’s a need to lower the minimum age of criminal liability based on the data collected.

DEFINITION OF TERMS

Child -refers to a person under the age of eighteen years.

Child in conflict with law -refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.

Crime –refers to an act or omission that constitutes an offense that is punishable by law.

Youth Rehabilitation Center -refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development, LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law.

CHAPTER III

REVIEW OF LAWS AND PROPOSED HOUSE BILL

This chapter presents several provisions of laws that are deemed important and relevant to the study.

REPUBLIC ACT No. 9344

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OFJUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

R.A. No. 9344 or known as the “Juvenile Justice and Welfare Act of 2006” was signed into law on 28 April 2006 by President Gloria Macapagal Arroyo.

Section 2 of R.A. No. 9344 or “Juvenile Justice and Welfare Act of 2006” enumerates the State policies that shall be observed at all times:

(a) The State recognizes the vital role of children and youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

(b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner that allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.

(c) The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.

(d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education, and vocational training programs and other alternatives to institutional care.

(e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.

(f) The State shall apply the principles of restorative justice in all its laws, policies, and programs applicable to children in conflict with the law.

The important provision that is significant in this research is Section 6 of R.A. No. 9344 or “Juvenile Justice and Welfare Act of 2006” which states that:

“A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.”

“A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.”

“The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”

Section 20 provides for the treatment of children below the age of criminal responsibility which states that:

“Children Below the Age of Criminal Responsibility. – If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians, or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered non-governmental or religious organization; a barangay official, or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected, or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise, known as The Child and Youth Welfare Code.”

ACT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

The Revised Penal Code contains the general penal laws of the Philippines. It took effect on the first day of January, nineteen hundred and thirty-two.

Article 12 of the Revised Penal Code provides for circumstances which exempt from criminal liability.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.

Paragraph 2 and paragraph 3 of Section 12 of the Revised Penal Code was amended by R.A. No. 9344 or known as “Juvenile Justice and Welfare Act of 2006”

HOUSE BILL NO. 8858

AN ACT EXPANDING THE SCOPE OF THE REFORMATION AND REHABILITATION OF CHILDREN IN CONFLICT WITH THE LAW AND STRENGTHENING THE SOCIAL REINTEGRATION PROGRAMS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, AS AMENDED, OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”

The important provisions of House Bill No. 8858 are the following:

Section 6:

“A child BELOW TWELVE (12) years of age at the time of the commission of the offense shall be exempt from liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child is deemed to be TWELVE (12) years of age on the day of the TWELFTH anniversary of [his/her] THE CHILD’S birthdate.

A child TWELVE (12) years OF AGE AND ABOVE but below eighteen (18) years of age shall likewise be exempt from liability and be subjected to an intervention program, unless THE CHILD has acted with discernment, in which case, such child shall be subjected to the appropriate INTERVENTION AND DIVERSION proceedings in accordance with this Act.

The exemption from liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws AND THIS ACT.”

SEC. 20-A. Serious Crimes Committed by Children IN CONFLICT WITH THE LAW.

“A child who is above twelve (12) years of age up to EIGHTEEN (18) years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than twelve (12) years of imprisonment, shall be deemed a neglected child under Presidential Decree No. 603, as amended, and shall be mandatorily placed in a special facility within the youth care facility or ‘Bahay Pag-Asa’ called the Intensive Juvenile Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures, and guidelines, the proper petition for involuntary commitment and placement under the IJISC shall be filed by the local social welfare and development officer of the LGU where the offense was committed, or by the DSWD social worker in the local social welfare and development officer’s absence, within twenty-four (24) hours from the time of the receipt of a report on the alleged commission of said child. The court, where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will determine the initial period of placement of the child within the IJISC which shall not be less than one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and progress report, to include a psychiatric evaluation report and recommend the reintegration of the child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary team will also submit a report to the court on the services extended to the parents and family of the child and the compliance of the parents in the intervention program. The court will decide whether the child has successfully completed the center-based intervention program and is already prepared to be reintegrated with his/her family or if there is a need for the continuation of the center-based rehabilitation of the child. The court will determine the next period of assessment or hearing on the commitment of the child.”

SEC. 20-C. Exploitation of Children for Commission of Crimes.

Any person who, in the commission of a crime, makes use, takes advantage of, or profits from the use of A CHILD, including any person who abuses his/her authority over the child, or who, OTHERWISE INDUCES OR COERCES A CHILD TO COMMIT A CRIME, shall be [imposed the penalty prescribed by law for the crime committed in its maximum period) PUNISHED BY RECLUSION TEMPORAL IF THE CRIME COMMITTED IS PUNISHABLE BY IMPRISONMENT OF SIX (6) YEARS OR LESS, AND BY RECLUSION PERPETUA IF THE CRIME COMMITTED IS PUNISHABLE BY IMPRISONMENT OF MORE THAN SIX (6) YEARS.”

SEC. 49. Establishment of ‘Bahay Pag-Asa’.

“THE DSWD shall be responsible for building, funding, and operating a ‘Bahay Pag-Asa IN PROVINCES AND CITIES TO BE IDENTIFIED BY THE JJWC, following the standards that will be set by the DSWD and adopted by the JJWC.

ALL ‘BAHAY PAG-ASA’ THAT ARE CURRENTLY OPERATED AND MAINTAINED BY LGUS SHALL CONTINUE TO BE OPERATED, MAINTAINED, AND FUNDED BY THE RESPECTIVE LGUS UNTIL SUCH TIME THAT THE OPERATIONS AND MANAGEMENT OF THE BAHAY PAG-ASA SHALL HAVE BEEN TRANSFERRED TO THE DSWD. THEREAFTER, THE FUNDING NECESSARY FOR THE ESTABLISHMENT AND CONTINUED OPERATION OF ‘BAHAY PAG-ASA’ SHALL BE INCLUDED IN THE BUDGET OF THE DSWD IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Every ‘Bahay Pag-Asa’ will have a special facility called the ‘MSC. This Center will be allocated for children in conflict with the law in accordance with Sections 20, 20-A, and 20-B hereof. These children will be required to undergo a more intensive multi-disciplinary intervention program. The .33WC in partnership with, but not limited to, the DSWD, the DOH, the DepED, and the DILG, will develop and set the standards for the implementation of the multi-disciplinary intervention program of the DISC. Upon institutionalization of the DISC program, the JJWC wifi continues to monitor and provide technical assistance to the multi-disciplinary teams operating the said centers.”

METHODOLOGY

The nature of this research calls for a descriptive type of research design. Descriptive research is a research method that tries to describe and interpret objects appropriate to the situation (Best, 1982:119). In descriptive research, there are numerous categories. They are case studies, surveys, trend studies, and many others. (Ary,1985:26-27), “There are several subcategories of descriptive research: case studies, surveys, developmental studies, follow up studies, documentary analysis, trend studies, and co-relational studies”. This was used by researchers to determine changes in the number of “children in conflict with law” and determining the condition of the Youth Rehabilitation Center in the “City of Himamaylan”.

CHAPTER IV

DISCUSSION

      The existing law, RA No. 9344 or “The Juvenile Justice and Welfare Act of 2006” exempts a child fifteen (15) years of age or under at the time of the commission of the offense from criminal liability but not from civil liability and subjects the child to an intervention program or referred to “Bahay Pag-Asa” (intensive juvenile intervention and support center), a government-run youth detention home.

            A child above fifteen (15) years but below eighteen (18) years of age is also exempt from criminal liability but not from civil liability and be subjected to an intervention program unless acted with discernment, in which case, such child shall be subjected to the appropriate proceedings- children in conflict with the law will have to undergo either a diversion program, instead of a formal court proceeding or transfer to a “Bahay Pag-Asa” (intensive juvenile intervention and support center) during the court proceedings.

            If the child taken into custody is fifteen (15) years old or below, the authority which will have initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians, or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered non-governmental or religious organization; a barangay official, or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected, or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise, known as The Child and Youth Welfare Code.”

            The community-based programs include but are not limited to: Competency and life skills development; Socio-cultural and recreational activities; Community volunteer projects; Leadership training; Social services; Homelife services; Health services; Spiritual enrichment; and Community and family welfare services.

            The House of Representatives approved a final reading of House Bill 8858 on January 28, 2019 which proposes to lower the minimum age of criminal (social) responsibility from 15 years old to 12 years old which means that more and more children may be committed to Bahay Pag-Asa or undergo diversion activities or programs. A child below 12 years of age at the time of the commission of the offense shall be exempt from liability but not civil liability. The child shall be subjected to an intervention program.

            A child 12 years of age and above but below 18 years of age shall be exempt from liability but not civil liability and be subjected to an intervention program, unless he has acted with discernment. Such a child shall be subjected to the appropriate intervention and diversion proceedings.

            A child who is above 12 years of age up to 18 years of age and who commits parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant is killed or raped or offenses punishable by more than 12 years of imprisonment, shall be deemed a neglected child and shall be mandatorily placed in a special facility within the youth care facility or “Bahay Pag-Asa” called the Intensive Juvenile Intervention and Support Center.

            One of the most significant provisions of House Bill 8858 is section 20-C which states that “Any person who, in the commission of a crime, makes use, takes advantage of, or profits from the use of A CHILD, including any person who abuses his/her authority over the child, or who, OTHERWISE 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 (6) YEARS OR LESS, AND BY RECLUSION PERPETUA IF THE CRIME COMMITTED IS PUNISHABLE BY IMPRISONMENT OF MORE THAN SIX (6) YEARS.”

            This provision intends to stop or at least minimize the exploitation and taking advantage of children in the commission of the crime. Children have become means to consummate the commission of the crime abusing their vulnerability. It is sad to say that even parents are doing this- threatening, abusing, and inducing their children to commit crimes to gain or profit.

            Several public officers and organizations have released their opinions regarding the proposed bill.

Senate President Vicente Sotto III

“The proposal is pro-poor since children in poor families do not have access to quality education and are being exposed to violence in their own family and communities. The government, through the principle of parens patriae, is stepping in to provide these children with education and training. Their parents failed to attend to the needs of their children and the government, with the proper implementation of the law, will be able to rehabilitate and provide better future for these children as responsible members of the society upon their reintegration.”

Committee Chair Salvador C. Leachon of the 1st district of Oriental Mindoro

“This is not anti-poor and anti-children, it is in fact pro-children. “Wala namang ibang gusto dito ‘yung batas kundi pangalagaan sila na ginagamit ng mga sindikato.” (The law has no other purpose but to protect the children from syndicates who are using them.)

      However, the following are some of the organizations which opposed the proposed bill, and the excerpts of their position papers and released statements:

Balay Rehabilitation Center

“In this position paper, we would like to share our experiences in working in Bagong Silang, Caloocan City (Bagong Silang hereafter) with our children and youth partners who, once or several times in their lives, have been involved in illegal activities. We would like to put across the message that lowering the age of criminal responsibility is a short-term fix for a problem that requires long-term efforts. Likewise, we also believe that we need to transform popular perception, especially for adults and law enforcement agencies, to the understanding that children and youths are often victims rather than perpetrators. We also argue for the position that the spirit of the Juvenile Justice Law is correct and wise, but is not fully utilized due to ineffective implementation and the lack of resources devoted to its objectives.“

UNICEF Philippines

Statement attributable to Ms. Lotta Sylwander, Representative, UNICEF Philippines.
“UNICEF supports the Philippine government, as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), to ensure that children grow up in a safe environment protected from crime and violence.
Sadly, lowering the age of criminal responsibility is an act of violence against children. Children in conflict with the law are already victims of circumstance, mostly because of poverty and exploitation by adult crime syndicates. Children who are exploited and driven by adults to commit crimes need to be protected, not further penalized. Instead, they should be given a second chance to reform and to rehabilitate.“

Sangguniang Laiko ng Pilipinas

The Sangguniang Laiko ng Pilipinas firmly believes, together with other organizations concerned with the welfare of children, that the root causes are:
1. Poverty and lack of access to opportunities and government servic
2. Poor Parenting and Supervision
3. Peer Pressure
4. Prevalence of and unabating criminality resulting in the unhealthy social environment

Philippine Interfaith Movement Against Human Trafficking (PIMAHT)

“The Philippine Interfaith Movement Against Human Trafficking (PIMAHT) strongly condemns the approval of the bill to lower the age of Minimum Age of Criminal Responsibility (MACR) by the House of Representatives. As an alliance which works for the protection of victims of human trafficking, we also advocate for a safe, peaceful, and nurturing environment for children.“

UP School of Economics Alumni

“We, alumni of the University of the Philippines School of Economics, express our grave concern over House Bill No. 8858, otherwise known as An Act Expanding the Scope of the Reformation and Rehabilitation of Children in Conflict with the Law and Strengthening the Social Reintegration Programs.”
“The most critical and controversial provision in House Bill 8858 (and this also applies to the above-mentioned Senate bills) is the provision (HB Section 4) amending the current law, by lowering the minimum age of responsibility of children in conflict with the law from the current 15 years of age to 12 years of age. Further, HB Section 2 states that a child 12 years of age and above but below 18 years of age “who has acted with discernment…shall be subjected to the appropriate intervention and diversion proceedings…”
“We appeal to the legislators in both the House of Representatives and the Senate to set aside or do away with House Bill 8858 and Senate Bills 1603 and 2026. They fail the criteria we have set, in terms of discernment, consistency of legislation, effectiveness and efficiency, fairness, and social norms.”

      The Republic Act No.9344 or otherwise known as the “Juvenile Justice and Welfare Act of 2006” has been favorable to “children in conflict with law”. However, many have condemned the law for being unfair to victims. For many Filipinos, especially the poor equates justice to the conviction of the accused. They could say that they attain justice when the accused has been punished.

            The Republic Act No.9344 or otherwise known as the “Juvenile Justice and Welfare Act of 2006” has also been used by criminals as a means of committing the crime. They are using minors covered by the law to attain their criminal designs.

            The Philippine National Police and the Philippine Drug Enforcement Agency that drug gangs were using children younger than 15 in their operations. The government statistics showed that less than 2 percent of all crimes were committed by children.

            This led to the proposed house bill 8858 seeking to amend the minimum and of criminal responsibility and proving punishment for those persons exploiting children in the commission of the crimes.

PRESENTATION AND INTERPRETATION OF DATA

This part shows the presentation and interpretation of the data that were gathered. The analysis was based on the data collected from the “Himamaylan City Police Office” and responses through the questionnaires answered by the social workers.

FIGURE 1: Number of “children in conflict with law” from 2015-2019 in the “City of Himamaylan” as to gender.

Figure 1 shows that majority of the “children in conflict with law” from 2015-2019 in the “City of Himamaylan” are male. In fact, in 2016 and 2017, there’s no report that a crime has been committed by a female child. The number of male “children in conflict with law” records the highest in 2018 but drops in 2019.

FIGURE 2: Number of “children in conflict with law” as to the crime committed from 2015-2019 in the “City of Himamaylan”.

Figure 2 shows the crimes committed and the number of “children in conflict with law” from 2015-2019 in the “City of Himamaylan”. It shows that in 2015 and 2016, the majority of the “children in conflict with law” have committed theft. In 2017, the number of cases concerning physical injuries has raised. In 2018 and 2019, most of the violations were against the curfew ordinance.

Figure 3: Number of “children in conflict with law” based on age bracket.

Figure 3 shows that most of the “children in conflict with law” are between the ages “15 years and 1 day – below 18 years old.” There were also few records of “children in conflict with law” with ages “12 years old and below.” The highest number was recorded in 2018 were crimes were committed mostly by children with ages “15 years and 1 day to below 18 years.”

SOCIAL WORKERS’ RATINGS ON “YOUTH REHABILITATION CENTER” IN HIMAMAYLAN CITY

We have provided survey questionnaires to Social Workers of “Himamaylan City” regarding the condition of the Rehabilitation Center in the city and its conduciveness to “children in conflict with law” for the attainment of the purpose of the law which is to provide them with interventions, approaches, and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities.

The table above shows the ratings given by the social workers of “Himamaylan City” on the following questions: (1) Is the Rehabilitation Center equipped with the facilities needed to carry out activities for children in conflict with law? (2) Is the Rehabilitation Center large enough to cater more and younger children in conflict with law? (3) Do the activities help children in conflict with law to improve their social functioning? (4) Does the Rehabilitation Center receive the support it needs from the government? (5) Is the Rehabilitation center, in general, conducive enough for the rehabilitation and integration of children in conflict with law?

Based on the result, on the first question, the majority (60%) of the social workers strongly disagree that the rehabilitation center is equipped with the facilities needed to carry out their activities. On the second question, most of them (70%) strongly disagree that the rehabilitation center is large enough to cater more children in conflict with law. On the third question, the majority (65%) strongly agree that the activities (in the rehabilitation center) help children in conflict with law to improve their social functioning. On the fourth question, 70% disagree that the rehabilitation center receives the support it needs from the government. Lastly, on the fifth question, 90% disagree that the rehabilitation center, in general, is conducive enough for the rehabilitation and integration of children in conflict with law.

CHAPTER V

CONCLUSIONS AND RECOMMENDATIONS

This chapter presents the conclusion drawn from the interpretation of the data and the proposed recommendations to whom this research is beneficial.

CONCLUSION

      Based on the data collected from the “Himamaylan City Police Office”; in 2015, there were 15 males and 3 females who are considered “children in conflict with law”; in 2016, 18 males and 0 female; in 2017, 15 males and 0 female; in 2018, 25 males and 14 females; in 2019, 19 males and 6 females. The significant change in the numbers of children in conflict with law can only be observed in 2018 but it drops in 2019. The police office said that the number increases in 2018 because of the proper implementation of the curfew ordinance. It drops in 2019 because children are already aware of the ordinance and the campaign that the police department is doing. Most of the “children in conflict with law” who violated the curfew ordinance are those children without permanent homes, proper parental guidance and support.

            The crimes recorded by the Police Office committed by “children in conflict with law” from 2015- 2019 in the “City of Himamaylan” are theft, threat, physical injury, robbery, sexual assault, arson, simple seduction, rape, and curfew violation. The top 3 most common crimes committed by “children in conflict with law” are curfew violation, theft, and physical injury.

            The majority of the “children in conflict with law” from 2015-2019 in the “City of Himamaylan” are between the ages “15 years and 1 day to below 18 years old.” The number of those 15 years and below is not significant. This shows that there’s no urgency or necessity in the enactment of House Bill 8858, lowering the minimum age of criminal responsibility to 12 years old.

            The Youth Rehabilitation Center in the “City of Himamaylan” is not equipped with the facilities needed to provide the need of children in conflict with law. These facilities are also needed in the rehabilitation of children. Based on the social worker that we have interviewed, necessities and facilities are lacking. They only improvised on what is available to cater the needs of children and to provide them the comfort that they deserved as children. Since Congress has proposed House Bill 8858 lowering the minimum age of social responsibility to 12 years old, more and younger children will be added to the rehabilitation center, the Youth Rehabilitation Center in “Himamaylan City” is not large enough to serve more children in conflict with law. There will be no enough space for children to sleep and room where to conduct their daily activities. However, the social workers believed that the activities they prepared for children in conflict with law help children in their rehabilitation and improved their social functioning, which means that there’s potential with the rehabilitation program. Social workers have also raised their concerns regarding the support from the government. They are not receiving enough support to improve the condition of the rehabilitation center. Lastly, based on the result, the Youth Rehabilitation Center in “Himamaylan City” is not conducive for children in conflict with law.

RECOMMENDATIONS     

The researchers come up with the following recommendations to significant users of the information:

• For the parents, they are the most important people in the lives of their children. They can help shape and color on how their children view the society and the world as a whole. Researchers believed that they can influence their children’s behavior and help them achieve their dreams. Parental authority is right given to parents over their unemancipated children. This right should not be abused. Researchers recommend that parents should be involved in social and community programs to raise awareness in connection with proper parenting to remind them of their duties and responsibilities to their children and protect them against exploitation. The outstanding provision that researchers noticed with the proposed House Bill 8858 is the punishing of persons exploiting, abusing, and taking advantage of children in the commission of crimes. However, in implementing this provision, there’s no need to lower the minimum age of criminal responsibility. Oftentimes, exploited children do not have parental support and guidance. Parents must take responsibility over their children and help the government protect and not punish them. They should be responsible enough to make sure that their children are already home before the curfew hours. The curfew measures are implemented to protect the children, and it requires cooperation from the parents.

• For the children, researchers considered children as the hope of the future. Researchers recommend that children should be more mindful of their surroundings, obey their parents, and the authorities. They should always remember that the community is willing to help them. It is not only the state who is on duty to give protection but every Filipino is willing to protect them. They should be joining the social and community programs that will be helpful and beneficial for their development and will prepare them to become effective future leaders of the country. They should always put in mind that the government and the authorities are not their enemies. Their real enemies are those who induce and force them to commit crimes.

• For the legislators, the 1987 Constitution of the Republic of the Philippines guarantees protection to children’s rights. The researchers recommend for the legislators to enact measures for the enforcement of these constitutional guarantees such as; measures that will defend the right of children to assistance, including proper care and nutrition, and provides for special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development and measures to adopt an integrated and comprehensive approach to “health development” available to all people at affordable cost, giving special priority to children. Legislators should be more aware of the real problems in society. Laws should neither be arbitrary nor unreasonable. The burden of the proposed House Bill 8858 is on children. Researchers believed that there’s no need to lower the minimum age of criminal responsibility to minimize crimes, prevent child exploitation, and stop using children as crime scapegoats. The target should not be the children but the syndicate. Life is already hard for children especially in this time of the pandemic, we should not create conditions to make their lives even harder. What is needed is the proper assessment of the support given to “Bahay Pag-Asa” (Rehabilitation Centers), parents, and most importantly to children. Children who may have transgressed the law are not acting on their own but through intimidation or inducement of an adult, the proper action should be directed against an adult and not to the children. If the government wants to help these children, especially the poor, it is not through letting them commit a crime and punish them in the guise of an intervention program. Before a child commits a crime, because of necessity- poverty, hunger, force, or inducement, the government should intervene before and not after a child has committed a crime. What is needed is the assistance- physical, mental, emotional, psychological, and spiritual- to prepare children to become better citizens and future leaders of our country. The researchers are proposing the following:
  • Community-based child support program to be conducted by the Local Government Units, especially within Barangays, in reaching out to children to promote child welfare. Aside from formal education, children need guidance counseling from professional guidance counselors who will assess their psychological and mental health.
  • Monthly Parental Orientation and Assessment through a “house to house” visit to be conducted by Social Workers within the Local Government Unit. This is to assess, guide, and help parents with their parental concerns. Parents must have a support system that will aid them in raising their children and remind them of their responsibilities.
  • Regular visit and inspection of Juvenile rehabilitation centers. This is to check the conduciveness of the centers, the conditions of the facilities, workers, and children. This will also provide a venue for “Bahay Pag-Asa” (Youth Rehabilitation Center) employees to raise their concerns.
  • Affirm the Proper implementation of the Juvenile Justice and Welfare Act of 2006 especially in providing more support to Rehabilitation Centers which are the main venue of the reformation of children in conflict with law; highlight restorative and not punitive measures.

• For future researchers, they are encouraged to continue this study and provide more variables to validate the result. Future researchers should not be afraid to study and assess subject matters that need much more attention. Their findings and recommendations are much needed especially those information that are significant in enacting future legislation. The legislators alone cannot assess the real condition of our country and its citizens. Research or Thesis Writing is a venue that should be utilized in promoting the general welfare.

BIBLIOGRAPHY

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

https://www.officialgazette.gov.ph/constitutions/1987-constitution/

ACT NO. 3815- AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/ 

REPUBLIC ACT NO. 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

https://www.officialgazette.gov.ph/2006/04/28/republic-act-no-9344-s-2006/

HOUSE BILL 8858

http://www.congress.gov.ph/legisdocs/third_17/HBT8858.pdf 

POSITION PAPER OF THE UP SCHOOL OF ECONOMICS ALUMNI ON HB 8858

https://www.bworldonline.com/position-paper-of-the-up-school-of-economics-alumni-on-hb-8858/

PROTECT OUR CHILDREN, NO TO LOWERING OF MINIMUM AGE OF CRIMINAL RESPONSIBILITY

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Position Statement on the proposed House Bill No. 8858 – Sangguniang Laiko ng Pilipinas

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SENATE PRESIDENT VICENTE SOTTO III

https://politics.com.ph/ssotto-says-poor-will-benefit-from-lowering-age-of-criminal-responsibility-may-mag-aalaga-na-sa-bata/

JOHN W. BEST. 1982. METODOLOGI PENELITIAN PENDIDIKAN. SURABAYA: USAHA NASIONAL.

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CHILDREN IN THE PHILIPPINES AS CRIME SCAPEGOATS

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HOW MANY CHILD CRIMINALS ARE THERE IN THE PHILIPPINES?

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ONLY 2% OF CRIMES COMMITTED BY KIDS, SAYS CHILDREN’S RIGHTS GROUP

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https://home.crin.org/latest/the-philippines-must-not-lower-the-minimum-age-of-criminal-responsibility

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https://www.rappler.com/nation/house-3rd-reading-lowering-minimum-age-criminal-responsibility

COMMUNITY ATTITUDE TOWARDS JUVENILE DELINQUENCY

https://www.ncjrs.gov/pdffiles1/Digitization/48755NCJRS.pdf

THE SIN OF THE CHILD: PUBLIC OPINION ABOUT PARENTAL RESPONSIBILITY FOR JUVENILE CRIME

https://www.sciencedirect.com/science/article/pii/S0190740920301328

HOW MANY CHILD CRIMINALS ARE THERE IN THE PHILIPPINES?

https://www.esquiremag.ph/politics/news/children-crime-statistics-philippines-a00287-20190129

JUVENILE CRIME, JUVENILE JUSTICE (2001)

https://www.nap.edu/read/9747/chapter/5

UNICEF: IMPLEMENT THE JUVENILE JUSTICE LAWFULLY AND EFFECTIVELY

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