Mariano, Rexenne Marie A .
L-1900091 1H
TITLE: Lowering of Minimum Age of Criminal Responsibility in the Philippines
In the Philippines where deeply-rooted widespread poverty gives birth to circumstances
which make children vulnerable and exploited, there is a challenge on how the State could uphold
and protect children rights. For it is when these rights are promoted, will it serve as the most effective
strategy for eliminating inequalities between countries and social groups, and for increasing security.
The Child and Youth Welfare Code recognizes the child as the country’s "most important asset.
“Thus, it is the duty of the nation to make sure that the rights of a child are protected – from the
moment he/she is born to the time he/she becomes a fully-developed Filipino citizen. Article 3,
Section 12 of the code states: “Every child has the right to grow up as a free individual, in an
atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the
determination to contribute his share in the building of a better world.” Indeed, when these rights are
protected, children stand a much better chance of growing up in a society that allows them to thrive.
In an effort to curb the alarming increase in the number of criminal syndicates using minors
to carry out criminal acts, the Government approved the proposed bill of lowering the age of criminal
responsibility “to ensure that the Filipino youth would accept responsibility for their actions and be
subjected to government intervention programs”. Lowering the age of criminal responsibility argue
that children as young as 9 years old are criminally mature and are already capable of discernment. If
this was the case, then why is the legal age to enter marriage, legal contracts and employment in the
Philippines at 18 years old? A 9-year old child has not yet even reached the age of puberty and their
brains are not developed to understand the consequences of actions.
At the rate of how the things went, the current Congress gives utmost importance to
legislative measures that ensure the safety of our future generation. The Committee recognizes that
the youth is an integral part of nation-building and the State must ensure and preserve their over-all
wellbeing,” But, in order to maximize their potential to contribute to nation-building, children must
grow up in a caring, safe, and supportive environment, it will require strong parenting support
programs and access to health, education and social services as well as to child-sensitive justice and
social welfare systems If children who have been exploited by criminal syndicates are penalized
instead of the adults who abused them, we fail to uphold the rights and well-being of children. If we
fail to understand the underlying reasons how and why children commit crimes, we as adults, fail our
children.