Minors aged 10 may be held criminally liable under new proposed bill

Danniell Domingo

Minors as young as 10 could soon face criminal charges under a new bill filed by Senator Robin Padilla, who pushes to lower the minimum age of criminal responsibility from 15 to 10 years.

Photos Courtesy of Reuters/Senate PRIB.

RA 9344 or the Juvenile Justice and Welfare Act of 2006, currently exempts children below 15 from criminal liability. Padilla, however, argued that the law fails to hold young offenders accountable when they commit serious crimes.

“The law remains unresponsive, if not completely remiss in exacting justice, from juvenile offenses relative to heinous crime,” the senator said in the explanatory note on July 17. 

While acknowledging that minors have underdeveloped decision-making skills, Padilla noted that children today are more exposed to technology and risk-taking behavior.

“Children are more exposed to modern sensibilities and are more predisposed to risk-taking behaviors, as evidenced by the growing number of youth offenders in the country,” he stated.

Through the bill, minors aged 10 to 17 years old who commit heinous crimes would no longer be exempt from criminal prosecution. 

Under the bill, heinous crimes include parricide, murder, infanticide, serious illegal detention resulting in the victim’s death or rape, robbery with homicide or rape, and drug-related offenses under RA 9165, or the Comprehensive Dangerous Drugs Act, among others.

However, for minors aged below 15 years old who have committed non-heinous crimes, the bill allows them to be placed in a Bahay Pag-asa or a 24-hour child-caring institution.

The bill also amends the rules on the automatic suspension of sentences, which will now apply only to minors under 18 who have committed non-heinous offenses.

Additionally, the bill revises the current rule on repetition of offenses. While existing law applies this rule to minors aged 12 and up, the bill proposes applying it only to those aged 15 to 18, and only for non-heinous crimes.

On social media, several users expressed concern over the bill, saying that 10 years old is too young to be held criminally liable, and some suggested that parental accountability should be emphasized instead.