Lowering the minimum age of criminal responsibility in the Philippines

Abstract

Currently, under President Duterte, there is a debate over whether or not to lower the minimum age of criminal responsibility in the Philippines from 15 to nine years old. This debate has emerged in the context of a massive drug war, as government officials fear that children under nine - who do not face the risk of criminal liability - are increasingly being used by drug syndicates as mules. These officials argue that lowering the minimum age will protect children; however, activists fight to keep the minimum age at 15, pointing to the Juvenile Justice and Welfare Act of 2006 (R.A. 9344), and arguing that its full implementation would be a more effective reform to protect Filipino youth. Using interviews with key stakeholders in the Philippines and various literature regarding the subject, this paper aims to evaluate this debate from various angles, including neurological development, international context, and current status of R.A. 9344. Our analysis suggests that lowering the minimum age of criminal responsibility would ultimately fail to protect children, and even create a multitude of problems that threaten the rights of Filipino youth and societal safety. Instead, the Philippines should fully implement R.A. 9344 - primarily through increasing its funding - thereby creating a rehabilitative system that prioritizes the rights of Filipino children.