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BY RUBY P. SILUBRICO
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Monday, March 13, 2017
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ILOILO City – The police of Ajuy, Iloilo said it cannot file criminal complaints against the five suspects in the rape of an 11-year-old Grade 6 pupil.
The suspects were all below 15 years old, according to Chief Inspector Charlie Sustento, Ajuy police chief.
Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006 set the minimum age of criminal responsibility to 15 years old.
Two of the suspects were 14 years old. The others were from 11 to 12 years old.
The rape happened on March 6 in a farm near Bay-ang Elementary School.
Section 6 of the Act states: “A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.”
A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, according to the Act, “unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings.”
The law, however, made it clear that “the exemption from criminal liability…does not include exemption from civil liability, which shall be enforced in accordance with existing laws.”
All of the suspects in the Ajuy rape case were in their parents’ custody, said Sustento.
This is in accordance with Section 12 of the Act which states: “The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. As far as practicable and in accordance with the procedures of this Act, a child in conflict with the law shall be maintained in his/her family.”
House Bill No. 2 or the proposed “Minimum Age of Criminal Responsibility Act” seeks to lower the age of criminal responsibility to nine years old. The authors of the bill were Speaker Pantaleon Alvarez (Davao del Norte, 1st District) and Fredenil Castro (Capiz, 2nd District).
The Regional Juvenile Justice and Welfare Council (RJJWC) is against the proposed measure. It said lowering the minimum age of criminal responsibility:
* will not stop children from involvement in crimes
* will not help reduce the crime rate in the Philippines since adults commit more (around 98 percent) of crimes reported in the country
* will not protect or help children, as it is against the best interest of the child and will further re-victimize them
* will be costly and burdensome to the government
* ignores scientific proof on children’s brain development
* is against the Philippines’ legal obligations as a state party to the United Nations Convention on the Rights of the Child
* is unconstitutional
* is not the solution, and government should instead address the gaps and ensure the full implementation of RA 9344, as amended by RA 10630./PN
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