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Youth Behind Bars

thesip2014
Jan 30, 2015
5 min read

By Pearl Therese Aton

Clarissa*, an office worker, was walking with a friend in Hayes Street at around eleven in the evening. When they reached the old Hall of Justice, two 16-year old looking boys approached them and threatened to kill them unless they get all of Clarissa and her friend’s money and cellphone. One boy was pointing a knife at Clarissa’s face and the other was pointing a knife at her friend’s neck. They tried to remain calm and hoped a jeepney would pass by them.

“Nag-stall ko ug storya kay basin naay mu labay na jeep ug basin ma-save ra mi. Naa tuod ni labay nga jeep ug gisiko nako ang kawatan nga nag-tutok sa ako ug kutsilyo,” she recalls.

Clarissa and her friend ran to chase the jeepney, hoping it would stop to let them hitch a ride, but the men had caught up to their pace. “Ni- dagan mi ug nisiyagit ug tabang pero wala siya ni hunong. Naapsan mi sa kawatan dayun gihatag na lang gyud namo among cellphone ug kwarta,” she shares.

Michael Morre, a fitness buff, decided to jog around an empty subdivision in Gusa. It was an ordinary afternoon jog for him, but little did he know danger was waiting for him around the corner. A team of young boys ganged up on him and threatened to stab him. “I was about to return home. I thought it was all good then two guys came right at me. One boy was at my back, pointing an ice pick towards me. The other was at my side threatening me to give them my money. I didn’t have the strength to fight back or even run, so I just gave them what they wanted,” he recalls.

Scenarios like Clarissa’s and Michael’s aren’t surprising anymore. Crimes like snatching, shop-lifting, and hold-ups are happening almost every day. Most of these cases involve young people whose ages range from 12 to 15 years old.

In 2011, there is 1, 470,000 criminal cases reported in the US committed by children less than 15 years of age. 69% of the statistic has committed motor vehicle theft.

Cases of rape, murder, aggravated assault and burglary is also common. 74,000 underage individuals aged 10 to 17 were also found guilty or warned for criminal offenses in the United Kingdom during the year 2010. Almost half of these cases are theft, drug abuse, and violence against another person or a group. In the Philippines, more than 2,600 criminal cases comprising children below 15 years old were reported in 2009.

The Republic Act 9344 or the 2006 Juvenile Justice and Welfare Act states that a child who is 15 years of age or under and who has committed an offense or a crime will be exempted from criminal liability. However, the child will undergo an intervention program provided by the Department of Social Welfare and Development (DSWD). A child above fifteen but below eighteen years old will also be exempted from criminal liability and will also undergo an intervention program unless the child understood what he/she have committed, in which case, the child will be subjected to appropriate litigation.

There are theories of the possible reasons behind the increase number of children in conflict with the law. It is often linked to problems in the family, mental health, drug abuse, lack of access to education, and the influence of media.

Since statistics and research has shown that more and more young people are getting involved in crimes, the government has been researching ways on how to lessen the number.

One of the proposed solutions is to lower the age of criminal responsibility. Instead of 15 years old, it will be lowered down to 13 years old. Will this answer the problem or worsen the situation?

The answer is still debatable.

Ilo-Ilo representative, Niel Tupas Jr., said in an article in Inquirer that, “lowering the age

of criminal responsibility was necessary to prevent gangs from using children in their activities.”

In a more recent consultation on April 2014 in Congress, the House Bill 2300 or the Philippine Code of Crimes has drawn numerous arguments. The said bill aims to revise the Juvenile Justice and Welfare Act of 2006 (RA 9344). The police have gathered evidences that proved the fact that criminals have used children do their “dirty work” so they can avoid prosecution.

The DSWD has expressed deep objection towards this bill. In a press statement released through their website on September 2014, they have stated several reasons as to why the bill would do more harm than good.

First, lowering the minimum age of criminal responsibility (MACR) would violate international treaties that promote and safeguard children’s rights. It would also promote child discrimination. “Children do not become adults when they commit

serious crimes. It is not the offence that determines the full maturity of children but their age, and physical and mental development,” it states.

Second, the proposed lowering of MACR is “anti-poor”. Children that are convicted with heinous crimes like murder, rape, theft, and the like, mostly come from poor and dysfunctional families who lack access to their basic needs and education. The press statement emphasized that the children commit the crimes for the sole purpose of survival and security.

“The law provides protection by establishing alternative measures to make children accountable without subjecting them to adult procedures and ensuring their rehabilitation so that they become useful and productive citizens of the country,” it states.

Lastly, lowering the MACR does not address to the root cause of juvenile delinquency. “Republic Act 9344 (as amended by RA 10630) makes children responsible for the acts they have committed, without necessarily making them criminal. We affirm with the fundamental truth that Filipino children can be rehabilitated and lead away from the life of crime. But the children cannot do it alone; the State and society can, and must, give them that choice, in order to make the change possible,” it states.

When Clarissa and Michael were asked about their opinions towards the said proposed revisions, they share different perspectives. “Maayo na para maminusan ang mga bata nga gahimo ug krimen,” Clarissa shares. Michael, on the other hand, believes that there is a better solution to address the increase in number of juvenile delinquents. “Siguro naa pa’y mas maayo nga solusyon nga dili madehado ang rights pud sa bata,” he said.

Though it is undeniable that there is an alarming increase of children in conflict with the law, lowering down the minimum age of criminal responsibility might not be the best solution yet. Furthermore, it is imperative to cease crimes in a developing country such as the Philippines and finding better solutions might help. The goal, though, is for the free citizens to walk on the streets without any fear of getting mugged, snatched, or threatened to death.

*Name witheld by request of anonymity

Sources:

Analysis of Snyder, H, and Mulako Wantota, J., Bureau of Justice Statistics, Arrest Data Analysis Tool – Office of Juvenile Justice and Delinquency Protection Bulletin, December 2013 (http://www.ojjdp.gov/pubs/244476.pdf)

Children with Criminal Record UK (http://www.poverty.org.uk/28/index.shtml)

KRUSADA: Juvenile Delinquency (http://www.abs-cbnnews.com/current-affairs-programs/11/21/11/krusada-juvenile-delinquency

Republic Act No. 9344 (http://www.lawphil.net/statutes/repacts/ra2006/ra_9344_2006.html)

Juvenile Delinquency: A Problem for The Modern World

(http://unesdoc.unesco.org/images/0013/001334/133429Eo.pdf)

Common Factors of Juvenile Delinquent Acts

(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2191280)

Revised Penal Code Revised: Criminal Age Lowered to 13 in House Bill

(http://newsinfo.inquirer.net/465181/revised-penal-code-revised-criminal-age-lowered-to-13-in-house-bill)

House Amending Criminal Code to make 13-year old Offenders Stand Trial

(http://newsinfo.inquirer.net/591835/house-amending-criminal-code-to-make-13-year-old-offenders-stand-trial)

DSWD Press Statement on the Lowering of the Minimum Age of Criminal Responsibility in the New Penal Code of the Philippines