Philippines cuts age of criminal liability from 15 to 12

President Rodrigo Duterte speaks in front of housewives and mothers, that participate in the anti-illegal drugs campaign of the provincial government and Duterte's war on drugs at Clark Freeport Zone in Pampanga province, Philippines December 22, 2016. (REUTERS)
  • Earlier vote to set age at 9 overturned
  • Human rights groups slam the decision

MANILA: A controversial decision by lawmakers in the Philippines to lower the country’s age of criminal liability to 12, has been slammed by human rights groups.
The move on Wednesday overturns a recommendation last week to slash the current minimum age of criminal responsibility (MACR) from 15 to 9 years old.
Opponents of the bill, seen as a key part of President Rodrigo Duterte’s campaign to crack down on crime, said the decision would only worsen the plight of Filipino children. 
Lawmakers approved the proposed bill during a second reading, after it was initially passed by the House of Representatives’ committee on justice last Monday, saying it would better protect children from criminal exploitation.
International watchdog Human Rights Watch (HRW) criticized the proposed measure. Its representative in Asia, Carlos Conde, told Arab News: “If the Senate makes good on its promise to pass this version and it is signed into law by the president (Duterte), this would no doubt worsen the plight of Filipino children caught up in the justice system.”
Conde pointed out that children in the Philippines aged between 14 and 9, already face “mandatory confinement” of up to 12 years for committing murder, kidnapping and taking vehicles, and a range of drug-related crimes.
“Children in the Philippines have already been subjected to the extreme violence of Duterte’s ‘drug war,’ with police and government agents killing dozens during anti-drug operations for being suspected drug users or the pawns of drug dealers,” added Conde.
“The proposed law will not only stigmatize children even more, it will turn them into scapegoats in the government’s abusive anti-crime campaign.”
The Philippines’ Commission on Human Rights (CHR) also slammed the proposed bill and said that “punishing children for the crime and abuse of syndicates and other people is against the state’s responsibility to look after the interests and welfare of children.”
Julius Cainglet, advocacy committee chairman of the country’s National Child Labor Committee (NCLC), said: “We should not punish our own children for society’s failure to care for them properly. This (the bill) would be a major setback for our internationally-renowned efforts at ending child labor.”
House of Representatives’ Assistant Majority Leader Rep. Michael Romero said the proposed measure was in line with the UN Convention on the Rights of the Child’s ruling on MACR. He said 12 years old was a “just and appropriate” minimum age of criminal liability but added that 9 years old was “simply too young.”
Rep. Doy Leachon, chairman of the House committee on justice, said that during the period when the minimum age of criminal responsibility in the country had been 15, there had been a huge rise in crime committed by children.
“This bill was brought about by the alarming increase in the number of criminal syndicates using minors to carry out criminal acts,” Leachon said. “It is time to pass this bill in order to protect our children from being used by ruthless and unscrupulous criminal syndicates to evade prosecution and punishment.”