De Lima slams Padilla’s bill lowering criminal age for ‘failure of justice’

Mary Sophia Angela Buenavidez

Mamamayang Liberal (ML) Partylist Representative Leila de Lima condemned the proposal to lower the minimum age of criminal responsibility, calling it a failure of justice.

“It is a recycled idea that refuses to die, no matter how many times child rights advocates, neuroscientists, developmental psychologists, social workers, and human rights defenders have refuted it with facts and compassion,” she said.

On July 20, the former Secretary of the Department of Justice (DOJ) De Lima explained, “A child is not a criminal. A lost child should not be locked up but talked to, cared for, and given hope.” 

The measure, filed by Senator Robinhood Padilla, seeks to amend RA 9344 or the Juvenile Justice and Welfare Act of 2006, removing criminal liability exemptions for offenders aged 10 to 17 who commit heinous crimes.

Padilla insisted the bill aims to address what he called a gap in the current law when it comes to serious crimes committed by minors, saying children are not criminals, but said that those who commit a crime should not be considered a child.

“Many children today mature faster and are capable of understanding the consequences of their actions due to early exposure to technology and the internet,” Padilla said. 

De Lima argued that the bill punishes vulnerable children instead of addressing the deeper social issues, such as poverty and neglect, that lead to juvenile offenses.

She counters in her statement that “to be truly just” means knowing the difference between punishment and cruelty, and that children being “more exposed” does not mean they have consent, maturity, or accountability.

According to her, the real problem lies in the poor implementation of existing laws, including the lack of rehabilitation centers and trained personnel, which is the proper response to children in conflict with the law.

In 2018, Senator Tito Sotto filed a similar bill lowering the age of criminal liability to 13 years old. 

Meanwhile, a House of Representatives measure sought to make the minimum age of criminal responsibility nine years old in 2016.