Author Topic: Column: Age of Criminal Responsibility  (Read 604 times)

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Column: Age of Criminal Responsibility
« on: January 18, 2017, 01:02:11 PM »
AGE OF CRIMINAL RESPONSIBILITY
(RE-PRINT)
By Atty. Gee Biliran
Published: December 03, 2006 by The Bohol Standard

Last week, I attended the 4-day Mandatory Continuing Legal Education (MCLE) Seminar that sufficiently earned me the required 36 units good for 3 years.

It was an ordeal having to sit down for hours before and after lunch for 4 days. What kept me going was the thought of not having to undergo another grueling seminar within the 3-year MCLE period. There were times, though, when I could not help but wish that the speakers would just give us their handouts so we could read them at our own sweet time or only when necessary.

Indeed, studying (for us lawyers) does not end with the Bar review. Due to the nature of the profession, we need update ourselves with the latest laws and jurisprudence. It would be mortal sin to advertently or inadvertently cite an old doctrine or a stale law in our pleadings, as it might court contempt by the courts or make us lose our cases.

The new law that was discussed in the MCLE seminar I attended last week was the controversial Republic Act 9344 or the Juvenile Justice Act of 2006.

Some say that it is easier to pass a law for children than that for women because everybody loves children, while giving rights to women often threatens the male-dominated Congress.

For the first time, a children’s law is stirring the hornet’s nest. This is because while the law gives rights to children in conflict with the law (CICL), or children who are accused of having committed an offense, the law may have a negative impact on the prosecution of crimes and the rights of victims.

The most controversial provision of the law is the increase of the age of criminal responsibility from 9 years old to above 15 years old. This means that any child 15 years old or below who commits a crime can never be prosecuted since children 15 years old or below are exempt from any criminal responsibility.

The presumption is that the child is 15 years old or below. This means that unless the age of the child is contested, the child need not present his or her birth certificate to prove his or her minority.

It is the burden of the person contesting the minority to prove that the child is no longer 15 years old or below. The person contesting the age may file a case before the Family Court for the sole purpose of determining the age of the child. The court shall decide the case within 24 hours from receipt of the pleading of the interested party.

The age of the child may be determined through his or her birth certificate, and in its absence, through a baptismal certificate or other pertinent documents like school records, or through the information from the child or the testimonies of other persons as to his or her age, or through the physical appearance of the child.

If it has been determined that a child taken into custody is 15 years old or below, the police authority will have to immediately release the child to the custody of his or her parents or guardian, or in their absence, to the child’s nearest relative.

Because of the increase of the age of criminal responsibility upon the effectivity of RA 9344 last May 20, 2006, old pending cases against children 15 years old or below, including those involving heinous crimes, would have to be dismissed because of the basic principle of retroactivity of criminal laws if the laws favor the accused.

There will be about 1,500 to 2,000 detained CICL who would benefit from this law.

A CICL 16 to 17 years old is criminally liable only if he or she acts with discernment, meaning, only if the child understands the difference between right and wrong. The presumption is that the child acted without discernment.

A child who is proven to have acted with discernment will be subjected to a diversion program, which refers to the program that the CICL is required to undergo after he or she is found responsible for an offense, without resorting to formal court proceedings. Diversion programs depend on the severity of the crime and the frequency of the commission, among others. It may include the return of stolen or destroyed property to the victim, written or oral apology, counseling, attendance of anger management skills, or institutional care and custody, among others.

Many child advocates believe that the age of criminal responsibility should have been 12 years old, which is also the age of sexual consent, not above 15 years old.

The spirit of the law is restorative justice intended to remove the child from the justice system with the belief that the CICL is more of a victim than a perpetrator and is better reformed through diversion than through imprisonment. Yet, I cannot help but agree with the child advocates that the age of criminal responsibility at more than 15 years old is too high. This is true especially that children now mature earlier than they did generations ago, with the emergence of the computer, internet and cable TV.

Only time will tell if this law would do more good than harm for children and the society as a whole. My fear is that victims/families of victims of heinous crimes committed by 15-year-old children or below would turn vigilante, knowing that the perpetrators would get away with their crimes simply because of their age.

For the meantime, we have no choice but to implement the law. Dura lex, sed lex.

(Congrats to Reg Estorba and Ryan Macalandag who tied the knot yesterday.)

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