The recent shooting incident at San Jose National High School in Tacloban City, which allegedly involved minor suspects, has reignited debate over the country’s Juvenile Justice and Welfare Act.
Along with other cases involving minors in serious crimes, the incident has raised questions about whether the current law strikes the right balance between accountability and the protection of children’s rights.
Current Law: Republic Act No. 9344 (Juvenile Justice and Welfare Act)
• Children below 15 years old are exempt from criminal liability and are instead placed under intervention and rehabilitation programs.
• Those aged 15 to 17 may only be held criminally liable if it is proven that they acted with discernment.
Internationally, the minimum age of criminal responsibility varies widely. According to UNICEF, many countries set the age between 12 and 14 years old, while nations such as Germany and Italy set it at 14, and England and Wales set it at 10. These differences highlight that there is no single global standard, with countries balancing accountability and child protection in different ways.
Supporters of reform argue that in heinous crimes such as murder, school shootings, or hostage-taking, victims and their families may feel that justice is not fully served when offenders are minors.
In response, Senator Robin Padilla has proposed measures, including Senate Bill Nos. 372 and 2778, to amend RA 9344 by lowering the minimum age of criminal responsibility from 15 to 10 years old for heinous offenses. Under the proposal, minors aged 10 to 17 accused of grave violent crimes could face legal accountability while still receiving rehabilitation and age-appropriate interventions.
Proponents believe the measure would strengthen accountability, deter criminal groups from exploiting children, and provide justice for victims.
Opponents, however, argue that children involved in crimes are often victims themselves—affected by neglect, abuse, poverty, or manipulation. They maintain that rehabilitation, family support, education, and social interventions remain the most effective long-term solutions.
As the nation mourns the lives lost in the Tacloban tragedy, the debate continues: Should the age of criminal responsibility be lowered for heinous crimes, or should efforts focus on rehabilitation and addressing the root causes of juvenile delinquency?
The issue remains complex, requiring lawmakers to carefully balance public safety, justice for victims, and the welfare and rights of children.
Do you agree with lowering the age of criminal responsibility? Share your thoughts and opinions.
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