The House Committee on Justice approved Monday the substitute bill seeking to lower the age of criminal liability from 15 to nine-years-old.
With only one objection manifested by Agusan del Norte Rep. Lawrence H. Fortun, the House panel, chaired by Oriental Mindoro Rep. Doy Leachon, passed the bill, a consolidation of six measures, in under 25 minutes.
House Deputy Speaker and Capiz Rep. Fredenil Castro moved for the approval of the substitute bill. An executive session, led by House Speaker Gloria M. Arroyo, was held before the start of the hearing.
Leachon clarified that the passage of the bill was not railroaded, saying that Technical Working Group meetings were held to scrutinize the measure. The bill is one of the priority measures of President Duterte.
Leachon noted that the bill is “not anti-poor, not ruthless legislation,” but a “pro-children legislative measure.”
He said under the bill, “There is no imprisonment, but voluntary confinement with youth care facility called “Bahay Pag-Asa.”
“For aged nine-years-old up to 15 and who commits serious offenses, there will be mandatory confinement at Bahay Pag-Asa but the court after one-year of program intervention undertaken for the child in conflict with the law has to decide whether the child is fit to re-integrated with his family and community, ” he said.
Leachon said the maximum penalty for those who exploit the child to commit offenses are reclusion temporal if the crime is punishable with less than six years and reclusion perpetua if more than six years.
“Parents would undergo similar intervention, if not they will be incarcerated,” Leachon said.
Malacañang has reservations on the lower age of criminal liability, saying kids nine-years-old may or may not be able to discern what they are doing.
Presidential spokesperson Salvador Panelo expressed reservations about the proposal of the lawmakers.
“Depende siguro sa nine-year-old, eh. Iba na ang panahon ngayon. Because of modern technology, parang ang bibilis nila,” he said. “Considering the technology, ‘yung nine parang equivalent na to 12, 15-years-old, eh. May discernment
na, eh,” he added.
“Sa criminal law, pag may discernment ka na, you know what is bad and what is good, eh may problema ka sa batas. You will be accountable,” he said. (Charissa L. Atienza with a report from Argyll Geducos)
