“I’m comfortable with the 15 years old, 10 years old..too young” Baguio Councilor Tabanda on proposed Senate Bill lowering criminal liability

Baguio City, Philippines - Baguio City Councilor Betty Lourdes Tabanda, in a recent talk, voiced her concern about the Senate Bill proposed to lower the minimum age of criminal responsibility in the country to 10 years old.  

Senate Bill 372 was filed by Senator Robin Padilla on August 13 to amend Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, by removing exemptions from criminal liability for offenders aged 10 to 17 accused of heinous crimes.  

Padilla proposed the law as minors nowadays, according to him, have been involved with various heinous crimes, and they know they cannot be criminally liable until 18. He even cited a 2019 report from the PNP stating that over 12,000 minors were involved in heinous crimes since 2016.  

The public and the country’s lawmakers from the local to the national level are divided. During the Senate plenary session on August 13, differing opinions and arguments were observed. 

While some, like Senator Bato Dela Rosa and Raffy Tulfo, supported the bill, others pointed out that there’s no problem with the current law ( RA No. 9344) and that sending a child to prison is a form of child abuse.  

Padilla, in his speech, expressed hope that those who are against his proposed measure would understand his purpose. 

“Bagamat mahirap maunawaan, kailangan nating tanggapin na merong mga kahit wala pa sa legal na edad—nililinaw ko, hindi ko nilalahat—ay alam na po na ang kanilang ginagawa ayon sa kanila mismong kapasyahan,”  he was quoted saying.

For Baguio Councilor Tabanda, when interviewed by a local media outlet recently, she said she is against the proposed bill, explaining that lowering the criminal liability further from 15 years old to 10 years old would be harmful.  

The woman councilor said that treating children ages 10 and below as criminals would have long-term negative effects, such as trauma and loss of opportunities. 

“Actually, I’m comfortable with the 15-year-old. Tanu ibabam diay exemption from criminal liability, medyo kuwa met…10 years old, too young…Haan nga didjay penalize, ta ubing didiay eh. Kasla nga haan mo nga dadaelen ah iti future na,” expressed Tabanda.  

Tabanda, who is a lawyer, explained that under the said RA, a minor is still given the chance to be educated by the concerned agencies like DSWD. However, those who committed a crime intentionally receive a different treatment from those whose criminal offenses are unintentional. But still, cases cannot be filed against a child under said law. Instead of punishment, minors are guided, rehabilitated, and educated, said Tabanda. 

“Under the law, they’re supposed to be subjected to interventions. That’s why they are usually referred to the social welfare tapno adda interventions nga maaramid… They are placed in a facility for children. Haan da mabalin maipilaan iti kaso. Pero, if 15 and below, if they acted with discretion, in other words, nu ammo da talaga nga mali didiay inaramid da, they acted with discretion. It's for the prosecutor to determine if they acted with discretion or not. Nu haan na nga ginagara nga napatay na diay kadwa na sabali ti treatment na. It depends on the prosecutor,” she explained.