Ejercito open to lowering criminal liability age
SEN. Joseph Victor "JV" Ejercito on Friday, June 26, said he is open to lowering the minimum age of criminal responsibility to 12 or even 10 years old, saying the issue should be revisited following the deadly school shooting in Tacloban City.
Ejercito made the statement while in Cebu, where he joined Gov. Pamela Baricuatro in inspecting several provincial hospitals to assess their condition and identify facilities and services that still require government support.
"I think it has to be revisited," Ejercito told reporters.
He said any amendment to the law should be guided by experts' assessment of a child's level of discernment.
"Yes, because I think at that age, based on experts, ano na 'yung age of discernment," he said.
The senator, who previously served as mayor of San Juan, said criminal groups have long exploited children because they know minors below the current age cannot be held criminally liable.
"Kasi I was a mayor also before. It's really a problem because some criminal elements would make use of kids for the crime—for stealing—because they know that they will not go to jail," Ejercito said.
He also recalled that authorities would often already be presented with photocopies of the minors' birth certificates whenever they were apprehended.
"In fact, pag nahuhuli namin, naka-ready na ang xerox ng birth certificate," he added.
Under Republic Act 9344, or the Juvenile Justice and Welfare Act, children aged 15 and below are generally exempt from criminal liability, while those above 15 but below 18 may be held criminally liable if authorities determine they acted with discernment.
The renewed discussion follows the June 22 shooting at San Jose National High School in Tacloban City, where two minors, aged 14 and 15, allegedly opened fire inside the campus, leaving three students dead and 20 others injured.
The Philippine National Police has publicly backed proposals to lower the minimum age of criminal responsibility to 12, citing data showing an increase in the number of children in conflict with the law.
The police organization said criminal liability should still depend on whether a child acted with discernment, as determined under existing legal procedures.
Authorities also noted that the 15-year-old suspect in the Tacloban shooting could undergo regular judicial proceedings if found to have understood the consequences of the alleged act.
Investigators have likewise said the attack appeared to have been planned for more than a month. Police officials also disclosed that the suspects allegedly knew their ages could affect how they would be treated under the law.
The proposal, however, has drawn opposition from Manila Rep. Joel Chua, who argued that lowering the minimum age of criminal responsibility would not solve juvenile crime.
Instead, he said the focus should remain on strengthening family guidance, values formation, access to mental health services, and positive role models for young people.
The Tacloban shooting has also prompted local governments and education officials to strengthen school safety measures.
In Cebu, Governor Pamela Baricuatro recently signed an executive order creating the Cebu Safe Schools Program, a province-wide framework aimed at improving campus security, violence prevention, emergency preparedness, child protection, and mental health support.
DepEd Central Visayas Director Arturo Bayocot has also urged parents, communities, local governments, and law enforcement agencies to work together in protecting learners, emphasizing that ensuring school safety requires a whole-of-community approach.(MyTVCebu)