Davao dads voice alarm on lowering age of criminal liability

By Lilian Mellejor/PNA

DAVAO CITY – At least three members of the City Council have expressed alarm over the proposed measure to lower the age of criminal liability of children to 9 years old.

“It is clearly a contentious law not only in the Philippines but in other countries,” said Councilor Antoinette Principe, chairperson of the City Council committee on civil, political and human rights.

Principe was referring to Republic Act 9344, which mandates that a child “15 years of age or under at the time of the offense shall be exempt from criminal liability.” The law only recommends “intervention program” for children in conflict with the law or CICL.

But Principe, who is a lawyer, said she could not imagine herself filing a case against a 9-year-old child.

“It is saddening for me as a child advocate,” Principe said in an interview at the sidelines of Tuesday’s regular session.

Instead, Principe said Congress should enact “restorative” measures for CICL instead of punitive laws that she said could only harm child offenders.

Instead of lowering the age of criminal liability, the councilor said lawmakers should consider stronger punishment against criminals who use children in their activities.

Parents, meanwhile, should bear the burden of responsibility to ensure that their children do not engage in illegal activities, she added.

Councilors Maria Belen Sunga-Acosta and Diosdado Mahipus shared the same view.

Acosta said she hopes the Senate would “weigh the pros and cons of the proposed law,” adding she was more inclined on laws that would focus on interventions to reform child offenders.

For Mahipus, the objective behind lowering the age of criminal responsibility “requires careful study.”

Mahipus, who is also a lawyer, said he has handled CILC cases and that most of the time, giving them a chance to reform was more effective.

The move to lower the age of criminal responsibility has elicited reactions from various sectors.

Backers of the proposed measure say the current law shielding minors of certain ages from criminal prosecution has encouraged more criminality.

According to the Philippine Drug Enforcement Agency in Region 11 (PDEA-11), the lowest age rescued during a buy-bust operation from January to November last year was a 13-year-old girl.

PDEA-11 record shows that it rescued a total of 38 minors from illegal drug activities last year, up from the 22 rescued minors in 2017.

Davao City Police Office (DCPO), meanwhile, said it rescued 44 minors in drug-related cases last year.

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