DSWD Opposes Lowering Age of Criminal Responsibility

Department of Social Welfare and Development Secretary (DSWD) Secretary Judy M. Taguiwalo today issued the strong opposition of the department against the intent of House Bill No. 935 (An Act Amending Certain Provision of Republic Act No. 9344, Otherwise known as the “Juvenile Justice and Welfare Act of 2006: and for Other Purposes  and House Bill No. 3973

An Act Lowering the Minimum Age of Criminal Responsibility Amending for the Purpose Republic Act 9344 Otherwise Known as the “Juvenile Justice and Welfare Act of 2006”, introduced by Reps. Tobias Tiangco and Estrellita B. Suansing respectively, to lower the minimum age of criminal responsibility (MACR) from fifteen (15) years old to nine (9) years old.

Sec. Taguiwalo said that the DSWD cannot under circumstance consider endorsing the proposal to lower the age of criminal responsibility.

“Lowering the minimum age of criminal responsibility has never resulted in lower crime rates. The Philippine experience, and the experience of other countries attest to this fact,” she said. “There is a need to distinguish between making children responsible for their actions, and criminalizing them.  RA 9344 makes children responsible without making them criminal and holds them accountable in entirely non-punitive, welfare-based, and education-oriented measures.”

Sec. Taguiwalo said that lowering the minimum age of criminal responsibility runs counter to available scientific knowledge about the cognitive, psychosocial, and neurological development of children.

“A lower age of criminal responsibility results in more children being detained; substantially higher public expenditures; and an even higher social cost of re-offending and graver offending which simply demonstrates that such a measure is not cost effective,” she said.

The welfare chief also said that lowering the age of criminal responsibility is anti-poor. “Available data shows that a greater of children in conflict with the law (CICL) come from lower-income families, where parents are either unemployed and/or where a greater number of siblings result in even less per capita resources.

“Lowering the MACR violates the fundamental principles of social protection of children, as provided for by law, and by international treaties, and internationally-accepted standards and principles,” she said.

Sec. Taguiwalo appealed to lawmakers and concerned agencies to give their support for training and monitoring of prosecutors handling cases of CICL, to promote more child-sensitive and gender-sensitive standards and processes in the conduct of inquest, preliminary investigation and prosecution of all CICL cases.

“We will not support lowering the minimum age of criminal responsibility. What we want and more and better support services for Filipino children including the enforcement of laws that protect and ensure their rights to education.  We want a holistic approach to the implementation of laws protecting children. We want to protect them, not criminalize them. A society that genuinely cares for children will pour bigger allocations to programs that give children what they need to learn, be healthy, be intelligent, creative, compassionate and socially aware,” she said.