House oks on final reading bill lowering age of responsibility of children to 12

January 29, 2019

The House of Representatives, voting 146-34 without abstention, approved on third and final reading on Monday House Bill 8858 which seeks to lower the minimum age of responsibility of children in conflict with the law from 15 to 12.

Principally authored by Majority Leader Fredenil Castro, the bill seeks to expand the scope of the reform and rehabilitation of children in conflict with the law and strengthen the social reintegration programs by amending for the purpose Republic Act No. 9344, as amended, otherwise known as the “Juvenile Justice and Welfare Act of 2006.”

The bill provides that a child below 12 years of age at the time of the commission of offense shall be exempt from liability. However, the child shall be subjected to an intervention program.

A child 12 years and above but below 18 years shall  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 the Act.

The exemption from liability does not include exemption from civil liability which shall be enforced in accordance with existing law and this act.

The bill also provides that if it has been determined that the child taken into custody is below 12 years, the authority which will have an initial contact with the child, in consultation with the local social welfare and development officer, has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence, the child’s nearest relative.

The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer unless the best interest of the child requires the referral of the child to a youth facility or ‘Bahay Pag-asa’ managed by the Department of Social Welfare and Development (DSWD).

The bill refers to ‘Bahay Pag-asa’ as a 24-hour child-caring institution established, funded and managed by the DSWD and licensed or accredited non-government organizations (NGOs) providing short-term residential care for children in conflict with the law who are 12 to 18 years old who are committed for rehabilitation or awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

Part of the features of ‘Bahay Pag-asa’ is an intensive juvenile intervention and support center that will cater to children in conflict with the law.

If the child is to be placed in a ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written authorization for the voluntary commitment of the child.

the bill also provides that a child who is 12 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 under RA 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than 12 years imprisonment, shall be deemed a neglected child under Presidential decree No. 603, as amended, and shall be placed in a special facility within ‘Bahay Pag-asa.’

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 years or less and by reclusion perpetua if the crime committed is punishable by imprisonment of six years.

The bill also provides for reduced sentence for children in conflict with the law. The court shall impose the penalty two degrees lower than that prescribed in the law for crimes committed by children in conflict with the law. In cases where the law prescribes a fixed period of imprisonment, the period shall be reduced by two-thirds. For crimes punishable by life imprisonment, the penalty shall be imprisonment of up to 12 years.

A child with good conduct and behavior while undergoing diversion, intervention, rehabilitation or detention in any facility shall be allowed deductions from the period of sentence as provided in Article 97 of the Revised Penal Code, as amended. DMS