House Sets Minimum Age of Social Responsibility at 12

The House of Representatives approved on second reading on Wednesday House Bill 8858, seeking to lower the minimum age of social responsibility from 15 years old to 12 years old.

The bill, principally authored by Majority Leader Fredenil Castro, expands the scope of the juvenile justice and welfare system and strengthens the social reintegration programs for children in conflict with the law, amending Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.

“In this case, its very clear and apparent that the committee report of the Committee on Justice proposing for a minimum age of social responsibility—it was termed as social responsibility, was moved from nine to 12. It was the consensus of the group,” House Committee on Justice chair Rep. Doy Leachon (1st District, Oriental Mindoro), who sponsored the bill on the floor, said.

Leachon added that an overwhelming majority of House Members welcomed the shift pegging 12 years old as the new minimum, including all the co-authors of the measure.

Leachon stressed that the measure focuses on safeguarding children through reform and rehabilitation.

He further shared that most of the changes approved at the committee level which include changing the term “minimum age of criminal responsibility” to “minimum age of social responsibility” were carried over into the most recent version of the bill.

Insertions on second reading include provisions to ensure funding for the development of Bahay Pag-asa, a 24-hour child-caring institution that provides short-term residential care for children in conflict with the law.

Under the House panel’s proposed bill, the Department of Social Welfare and Development will build, fund and run Bahay Pag-asa facilities. Congress will allocate funds for Bahay Pag-asa annually.

It would be noted that in a Senate hearing, Tricia Oco, executive director of the government’s Juvenile Justice and Welfare Council, lamented on the subhuman conditions of some “Bahay Pag-asa” due to budget constraints.

“They lack the minimum staff requirement; they even lack food for children. Some of the Bahay Pag-asa that we saw are worse than prisons. They don’t have programs, beds and cabinets,” Oco told the Senate committee on justice led by Sen. Richard Gordon Tuesday.

Oco added that there are only 63 Bahay Pag-asa facilities nationwide, five of which are no longer operational.

Under the provisions of the measure, a child under 18 years old who commits a petty crime shall not be subjected to mandatory confinement in a Bahay Pag-asa facility.

Mandatory confinement shall be implemented if the crime committed by the child in conflict with the law is a serious offense; if they are neglected children, meaning they do not have a family; or if it is a case of recidivism.

If there is no Bahay Pag-asa facility in the area to cater to the child, they will be temporarily released on recognizance to their parents. (PIA-NCR with reports from Press and Public Affairs Bureau/House of Representatives)