Should we lower the age of criminal responsibility?

Submitted by:
Precious Abrylle R. Timbal
Junick Lloyd O. Flores

Submitted to:
Mrs. Rosario P. Lam

October 7, 2019
Date of Submission
 I. Introduction

Criminal cases today are getting more violently and the worst thing is that more and
more minors are being the suspects today. It’s very alarming to know that the youths
who must spending their time playing and learning, the youths who supposed to be the
hope of our nation are doing this criminal act. Since before some youths are already a
part of a crime. If they were caught they were given a chance to change their life and
start a new one and until now they can’t be imprison if they are 18 years old and below
but now things is too far from before, youths abused this exemption to do crime all over
again. Lowering Age Imprisonment can help to educate the youths to be disciplined.
The numbers of minor criminals are getting bigger and bigger. Lowering the Age
Imprisonment is one of the ways to lessen the young criminals and more importantly to
prevent them from committing crimes. In the Philippines, the HB 6052 or the House Bill
6052 is near to be passed; it is a bill that will change the Republic Act 9344 or Juvenile
Justice and Welfare Act of 2006. Based on our current law, the Republic Act 9344, it’s
stated that only those who aged 18 and below is considered as a minor and if he/she
commits crime he/she will only be turned to the DSWD to be rehabilitated and if that
minor is below 15 then all cases against him/her will be dismissed. The HB 6052 states
that a person who aged 12 years old can already be arrested or confined in a
government facility.
We are in favour to lower our country’s age imprisonment because we believe that
today’s youths are already modern and know what’s wrong and correct. Anybody who
committed a crime young or old should face the consequence, a crime is a crime and
that won’t change. We should not use the age of a person because minors are using
their age because they know that they are exempted to any criminal liability instead they
will be put to a rehabilitation centre. After they stayed or be rehabilitated I don’t think
they’ll change, maybe some but most of them will do the crime again and again
because they don’t fear anything; they are abusing that age exemption. We believe that
lowering age imprisonment is not for abusing the youths’ rights and freedom nor
harassing them; it’s for them to know what discipline and responsibility, especially what
justice is.

II. Counter Argument

Many opposed to lower the age imprisonment; Juvenile Justice and Welfare Council
said that lowering age imprisonment is just a way to turn back an adult’s obligations to
the minors and it won’t lower criminal rates. According to the Kabataan Party list youths
must have proper education and their other basic needs, the adult mastermind or gangs
who use children to avoid to be prisoned must be arrested and lowering the age
imprisonment undermines efforts to build a child-friendly justice system. They also said
that those youths who violated the law needs intervention in a rehabilitation centre.
They should not be treated like an adult offender. Others say that it is fault of the
country’s poverty why they commit such crime and won’t stop doing it.
According to those who opposed, most of the parents are not responsible to their child’s
growth development, some parents are abusive and they didn’t care for their child that
result in the child’s bad moral, psychological and physical health of the child. In
Kabataan Party’s view of point they said that to stop the children is to ensure that they
were given the basic social services. Give them proper education, housing, food,
clothing, and emotional support to shield them from the world of crime.
We opposed their reasons why minors do such crimes. First of all, there are some
parents who took care of their child well, yet their child grew up evil because today,
minors are very stubborn and some children who is being abused grew up to be
successful with a good moral, Why? Because they know already what’s wrong and right
due to their experience before and they know how to act properly to others. Second is
that we agreed that everyone must have basic needs but I don’t think that having all the
things makes a person who can’t commit a crime anymore, in reality no matter how
many things he or she have, that person can still commit crimes. We cannot hide the
minor from the dark side of the world because we are born to see such things and all we
need to do is learn how not to be involved and make our life better as we can while
we’re on this world. Lastly, We believe we must not put so much blame to our country’s
status because poverty doesn’t make the minor to be criminal. Rapes cases are also
done by some minors; rich or poor and I don’t think that this is the poverty’s fault it is the
fault of too much curiosity and the thinking that they are “untouchables”. I also believe
that poverty won’t stop you to live a better life because there are some less fortunate
people who work hard to survive without doing a crime.
Criminal Syndicates and gangs are spreading all over the country can be reduced if the
government lower its age imprisonment. The syndicates and gangs won’t be able to use
the minors anymore. There are many criminal syndicates who use minors to do crimes
like robbery and smuggling illegal drugs because they know that the minor won’t be
punished as soon as they were caught unlike to them, when they were caught they will
be punished as soon as they were caught. Lowering age imprisonment will not only help
the minors but it also help the country.

III. Argument

Minors will do the same crime all over again because they know that they are exempted
in any criminal liability and there are some cases that when they were free from the
rehabilitation centre they will commit a crime again like stealing. Unlike heavy cases
like murder, Minors are found of stealing because they know that they will only be
rehabilitated for days or months, and then they will be free to steal again. Minors are not
afraid to the peace makers because even they were caught they know that they won’t
be jailed because they are still considered as minor, instead the peace makers will free
them, turn over to a rehabilitation centre or to their respective houses. Rape is one of
the worst crimes that a person might do. Before, only an adult can do such crime but
now even a minor can do it. There are some minor who will sexually abused someone
and when that minor was caught what happened to that minor? They will only turnover
him/her to the DSWD and let the DSWD do their job. It is really unfair for the victim of
the minor because that victim suffered much and lost his/her dignity but unlike the
rapist, he/she still needed to wait until he reaches the right aged to be prisoned. It is
really unfair .Those who opposed to lower the age imprisonment think that the minors
are still innocent about what’s correct and what’s wrong. Then, if they say so, why do
they came back to the rehabilitation centre again and again if they are helping the
minors who are inside to know what’s right and wrong and to have a new life. It is also a
bit impossible that the minors now are innocent because of today’s modern technology;
internet access, smart phones and other high-tech sources. It means that the money
that the government entrusted to them is going to the wrong side. Rehabilitation centre
is useless because even though they said putting the minors in a rehabilitation centre
will change their life it is nonsense if they can’t stop the minors to go back again.
Some High authorities are giving “special treatment” to the minors and we believe that
giving the minors a “special treatment” won’t help because this kind of treatment won’t
help them to grow up properly. We need youths who are responsible and disciplined
and not a spoiled one. Those who opposed the lowering of age imprisonments only
spoil the minors to much because the minors know where to hide or their escape boat.
They will never learn how to live independently and they won’t be aware of their actions
whether it is good or bad because there is someone who is spoiling them telling them
that they are still young and that they are “untouchable” to their crime obligations.

IV. Conclusion
We support lowering the age imprisonment. We concluded that lowering age
imprisonment will help the minors to know what responsibility and disciplines is, to their
self and to others. It will also help them to know the consequences of committing a
crime. The country expects a lot to the minors because they have a big role in our
country or maybe to the world because they are the hopes of our nation, nobody but
them. They may complain but that’s what a minor must do, everyone has a role to this
world and the youth’s role is to be the hope and the voice of the nation. Every actions
always comes with responsibility, it applies to everyone even to the minors. When a
minor committed a crime the minor should faces the consequence because We believe
that there is no age exemption when it comes to crime because a crime will always be a
crime no matter how big or small it is.
We recommend that lowering age imprisonment should be implemented already to our
country soon as possible because time cannot go back as days goes on we will never
know how many minors are being a part of the criminal world and how many people are
being the victim of the minors. Minor should be put in jail and experience what a criminal
life in jail feels like. For example, when an adult and a minor murdered someone both of
them must be punished because even though their age is different to each other but the
crime is the same, so that means that the punishment should also be the same. They
should not pity the minor because the minor criminal also did a crime like the adult did.
If we are too lenient to the minors and always focus on the adult criminals, then the
minors will just grow up not as future leaders but as future criminals and we don’t want
that to happen and also for the justice. We also recommend that the government must
strengthen its justice system. In the end, We believe that everyone should help each
other because one cannot do all the works alone, it means that everyone has
responsibility to others. If the minors will change, then the adults should change too, we
may not expect to see the quick change but we believe that it will be worth it.