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UNIVERSITY OF CEBU SCHOOL OF LAW

JD THESIS 4A
ASSIGNMENT 1

NAME STUDENT NUMBER CELLPHONE AND EMAIL


Ana Luna L. Adolfo 17408276
09458878996

I. APPROVED TOPIC

A Study on the Lowering of the Age of Criminal Liability and its Effect on the
Philippines' Commitment on the Convention on the Rights of the Child.

II. TITLE

A Study on the Lowering of the Age of Criminal Liability and its Effect on the
Philippines' Commitment on the Convention on the Rights of the Child.

III. ABSTRACT

The United Nations Convention on the Rights of the Child, adopted by the General
Assembly, had the largest number of signatories one of which is the Philippines. The
Convention promotes the rights and well-being of a child. The UNCRC defines the child
as a person under 18 years of age. It acknowledges the primary role of parents and the
family in the care and protection of children, as well as the obligation of the State to
help them carry out these duties. Philippines as a signatory of UNCRC guarantees the
protection of the best interests of the child in accordance with the standards provided
for by the said Convention.

In the Philippines Republic Act No. 9344 or the “Juvenile Justice and Welfare Act”
sets the minimum age of criminal responsibility at 15. Under the law a Child in Conflict
with the law aged 15 and above is exempt from criminal liability unless the prosecution
proves that the child acted with discernment. House Bill (HB) 8858 is a proposal to
lower the criminal liability age of a child in conflict with the law which sets it at nine years
old. Under the bill children as young as nine years old who commit serious crimes would
be mandatorily confined for rehabilitation and reform.

This study determines whether the proposal under House Bill 8858 to lower the
criminal age liability of a child in conflict with the law is against the best interest of the
child which is enunciated under the United Nation Convention on the Rights of the Child.
This study will also determine the effect of the Philippine commitment on the said
convention in the possible passing of the House Bill 8858 into a law. This study will use
qualitative method through research and document analysis in order to gather pertinent data
in relation to the study.

IV. References

Agpalo, R. E. (2006). Public international law. Manila, Philippines: Rex Book Store.

Akehurst, M. (1995). A modern introduction to international Law. London:


Routledge.

Bernas, J. G. (2002). An introduction to public international law. Manila,


Philippines: Published & distributed by Rex Book Store.

Coquia, J. R. (2012). Human rights. Quezon City, Philippines: Central Book Supply,
Inc.
Copy Edit

Cruz, I. A. (2003). International law. Quezon City, Philippines: Central Lawbook


Pub. Co.

Highlights of the House panel's bill on the age of criminal responsibility. (n.d.).
Philstar. Retrieved from
https://www.google.com/amp/s/www.philstar.com/headlines/2019/01/22/18872
09/highlights-house-panels-bill-age-criminal-responsibility/amp/

Lowering the age of criminal responsibility is against child rights: UNICEF. (2019,
January 18). Retrieved from https://www.unicef.org/philippines/press-
releases/lowering-age-criminal-responsibility-against-child-rights-unicef

House Bill 8858, otherwise known as An Act Expanding the Scope of the
Reformation and Rehabilitation of Children in Conflict with the Law

Lundy, L., Kilkelly, U., & Byrne, B. (2014). Incorporation of the United Nations
Convention on the Rights of the Child in Law: A Comparative Review. The Future
of Children’s Rights. doi: 10.1163/9789004271777_015

Petralba, P. J. A. (2013). Hornbook on international and Philippine human rights


laws. Manila: Rex Book Store.

Philippines moves to lower criminal liability age to nine. (2019, January 22).
AJAZEERA. Retrieved from
https://www.google.com/amp/s/www.aljazeera.com/amp/news/2019/01/philipp
ines-moves-criminal-liability-age-190122080333504.html
Republic Act No. 9344, otherwise known as Juvenile Justice and Welfare Act

Scialabba, N. (2016, October 6). Should Juveniles Be Charged as Adults in the


Criminal Justice System? Retrieved from
https://www.americanbar.org/groups/litigation/committees/childrens-
rights/articles/2016/should-juveniles-be-charged-as-adults/

Sutherland, E. E. (2019). Article 2 of the United Nations Convention on the Rights


of the Child. Child Rights and International Discrimination Law, 23–41. doi:
10.4324/9780429020926-2

Unicef to PHL: Don’t lower age of criminal responsibility. (2019, May 20).
BusinessMirror. Retrieved from
https://businessmirror.com.ph/2019/05/20/unicef-to-phl-dont-lower-age-of-
criminal-responsibility/