By Brian Campued
The Philippine National Police (PNP) has expressed support for lowering the age of criminal liability from the current 15 years old to 12 years old after the fatal school shooting in Tacloban City, Leyte on Monday, which took the lives of three individuals and injured 20 others, all of whom are minors.
PNP Spokesperson PCol. Allen Rae Co made the remark during a Malacañang press briefing Tuesday, when asked about the PNP’s stance regarding proposed amendments to Republic Act (RA) No. 9344 or the “Juvenile Justice and Welfare Act of 2006”.
“Medyo nagkakaproblema na po tayo. As a matter of fact, we studied yung data… medyo tumataas po ‘yung nai-involve na mga children in conflict with the law (CICL),” Co said.
According to RA 9334, while a child aged 15 years or below at “the time of the commission of the offense” is exempt from criminal liability, he/she shall still be “subjected to an intervention program.”
The same provision applies to suspects above 15 but below 18 years old, “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 PNP official, however, clarified that they are still investigating whether the suspects, alias “Nash” aged 14 and alias “Rod” aged 15, acted with discernment at the time of the crime.
“Ang tinitingnan natin… kasi nasa tamang pag-iisip sa initial evaluation natin sa kanila so most probably, iniisip po nila na they will be exempted from criminal liability, but nagkamali yung isa dahil above 15 na siya,” Co said.
He added that if alias Rod is found to have acted with discernment, he will undergo formal trial in observance of strict child protection protocols, while alias Nash will be mandatorily committed to a child protection facility under the care of the Department of Social Welfare and Development.
According to the PNP, the shooting incident occurred at about 9:20 a.m. inside San Jose National High School in Barangay San Jose, Tacloban City.
Alias “Rod” was carrying a .38-caliber revolver traced to a security agency in Cebu, while alias “Nash” held a 9mm Glock 17 pistol that was later traced from a female police officer assigned to Police Regional Office 8 (PRO-8).
The police officer is now under restrictive custody and undergoing administrative and criminal investigation.
Co said authorities recovered at least 34 fired cartridge cases and cartridges at the shooting site.
Investigation is still ongoing to establish how the CICL got hold of the firearms as well as the motive behind the attack, he stressed.
On the circulating screenshots of online conversations allegedly between the two CICLs planning the shooting as well as the angles of bullying, Co declined to give a comment as the authenticity of these contents, he said, is still not verified by authorities.
“We can only say doon sa initial investigation natin, lalo na itong si CICL alias Nash ay heavily influenced nung online content. Meron po kaming nakita na, aside from his own posts na mga violent videos, meron pa pong tinitingnan tayong iba pong grupo o mga kinakasalihan niya na puwedeng nag-udyok sa kaniya para gawin po ito,” Co said.
The PNP is likewise looking into a violent online game as a possible factor that influenced one of the CICL, saying, “Suffice it to say, early indications po nagsasabi na heavily influenced nga po yung actions nila by online content.”
Ways forward
PNP Chief PGen. Jose Melencio Nartatez Jr. likewise ordered a comprehensive review of all existing security protocols in schools, such as limiting entry and exit points in large schools to improve the monitoring of people entering their premises.
Co said among the recommendations of the PNP is to conduct simulation exercises similar to earthquake drills to prepare students, teachers, and school personnel for crisis situations, including active shooter incidents.
“Also papalakasin po natin yung coordination mechanism between the law enforcement, the barangays as well as the schools po natin,” Co said.
Intensified police visibility will also continue to ensure peace and order in the communities as well as the safety of the public.
Palace stance
Palace Press Officer Claire Castro, meanwhile, described the proposal to lower the age of criminal liability to 12 as “reasonable” but stressed that President Ferdinand R. Marcos Jr. would study any proposed amendments to the Juvenile Justice and Welfare Act.
Castro emphasized that while minor perpetrators may be exempt from criminal liability under the law, there are interventions in place to hold CICL accountable for unlawful acts and prevent them from repeating their crimes.
“Wala pa pong napag-uusapan tungkol sa edad, pero ang sabi nga natin, kung ano man ang maibibigay na version ng Kongreso, titingnan po ‘yan ng Pangulo. Pero sa ating pagkakaalam, yes, open ang Pangulo kung mapababa man ang edad po,” she said.
The Palace mouthpiece added that Marcos is also open to proposals restricting or banning violent online games amid concerns over their possible influence on minors.
“Napag-usapan po na yung mga ganoong klaseng app ay dapat na ma-ban sa Pilipinas. So maganda pong mungkahi iyan at sana makagawa agad ng batas at open ang Pangulo sa ganyang mga panukala,” Castro said. (with reports from Kenneth Paciente and Clay Pardilla / PTV News)
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