Marcos Open To Lowering Criminal Liability Age To 12

With the nation in shock over the deadly school shooting in Tacloban City involving school children, President Marcos is open to lowering the age of criminal liability and restricting minors’ access to violent online games, Malacañang said on Tuesday, June 23.

The debates over whether to lower the age of criminal liability – currently at 15 – were revived after two Grade 9 boys opened fire at schoolmates at the San Jose National High School, killing three students and wounding 20 others.

Initial police investigation revealed that the two shooters, aged 15 and 14, were heavily influenced by online content, one of them even posting violent videos before the shooting took place.

Asked during a media briefing whether the administration is amenable to lowering the age of criminal liability, Presidential Communications Undersecretary Claire Castro said: “There has been no discussion yet with regard to the age, but the President will review any version transmitted by Congress.”

“But based on what we know, yes, the President is open to lowering the age (of criminal liability),” she added.

The Juvenile Justice and Welfare Act of 2006 states that a child 15 years old or younger at the time of the commission of the offense shall be exempt from criminal liability. Instead the child would be subjected to intervention in a state-run Bahay Pag-asa facility.

The Philippine National Police (PNP) is also in favor of lowering the age of criminal liability, saying the number of children in conflict with the law is increasing.

PNP spokesman Col. Allen Rae Co told a Palace briefing on Tuesday that they are thinking of setting it at 12 years old.

According to Co, children as young as nine years old have been involved in crimes, although not the serious ones.

Castro described the age proposed by the PNP as “reasonable.”

Critics of the proposal to lower the age of criminal liability argue that it does not address the roots of the problem, including poverty and family dysfunction.

Online restrictions

The Marcos administration is also open to a law restricting the access of persons below 18 years old to violent online games.

“It has been reported that the children (involved in the shooting incident) are addicted to playing violent online games. So there are discussions about banning those kinds of apps in the Philippines,” Castro said.

“That is a good suggestion and we hope a law will be crafted immediately and the President is open to that suggestion,” the Palace press officer added.

Castro said the government is also receptive to the idea of increasing the budget for the training of security guards in public schools.

“If necessary, the budget has to be increased, if we are talking about the safety of our youth and our students,” she said.

At the same press briefing, Castro assailed Vice President Sara Duterte for claiming that the Tacloban tragedy exposed “the failure of the government to recognize the importance of intelligence gathering and identifying threats before lives are lost.”

Castro pointed out that violent incidents also erupted during the time of her father, former president Rodrigo Duterte. She cited the shooting incident at the Masili National High School in Calamba, Laguna in 2019, involving a 15-year-old student and the Davao City attack in 2016 attributed to terrorist group Abu Sayyaf.

“She (Duterte) is good at criticizing but does not provide solutions... If she is really good at providing suggestions, she should have taught her father how to prevent (such incidents),” Castro.

Senate probe

Sen. Risa Hontiveros vowed to lead a Senate probe on the Tacloban school shooting and look into online radicalization among children.

Hontiveros said the Senate committee on women, children, family relations and gender equality which she chairs will begin its investigation on July 1.

“We’ll open the investigation on July 1 to determine if online platforms contribute to the spread of violent ideas, or if they are being used to brainwash and radicalize children,” she said.

Pangilinan defends Juvenile Justice Act

Sen. Francis Pangilinan, for his part, went on Facebook Live on Tuesday to refute critics that the Juvenile Justice and Welfare Act, which he authored, will help the teenage shooters in Tacloban escape liability.

Speaking with Juvenile Justice and Welfare Council executive director Tricia Clare Oco, Pangilinan said the JJWA – often called the “Pangilinan Law” – has accountability measures for minors who commit heinous crimes.

Pangilinan said the 2006 law – amended in 2013 to strengthen its restorative justice framework – allows the social worker to seek the “involuntary commitment” of children in conflict with the law to the youth care facility called Bahay Pag-asa.

While children 15 years old and below are exempt from criminal liability, the amended law requires children who commit serious crimes like murder to be considered a “neglected child” and “be mandatorily placed” in Bahay Pag-asa for rehabilitation.

The court then has to decide on the involuntary commitment petition and determine the period of stay in Bahay Pag-asa, which should not be less than a year.

“There is accountability under the law. There’s much disinformation, wrong information, that minors don’t have accountability,” he said.

Pangilinan said the law even holds accountable those who release such children without referring them to Bahay Pag-asa.

Senate Majority Leader Juan Miguel Zubiri on Tuesday renewed his push for a social media ban for minors.

“This tragedy should push us to confront a hard truth: the influence of social media on children is great. Whether a child is bullied or not, violent content, online threats, dangerous trends and hateful behavior can plant ideas in young minds and give them the confidence to act on things they should never even consider,” Zubiri said.

House leaders, meanwhile, are pressing for urgent interventions to address school security lapses and a pervasive “culture of silence” surrounding bullying cases.

Speaker Faustino Dy III called for a thorough investigation to ensure accountability.

Akbayan Party-list Rep. Chel Diokno is urging the Department of Education to address bullying and to make sure school grounds are free of firearms and other weapons. — With Marc Jayson Cayabyab, Neil Jayson Servallos, Evelyn Macairan