NewReview of Literature - Justifying the Lowering of the Age of Exemption From Criminal Liability

Lacaden, Reynald C. JD-1A Legal Research and Thesis Writing

JUSTIFYING THE LOWERING OF THE AGE OF EXEMPTION FROM CRIMINAL LIABILITY TO PERSONS AGED 12 YEARS OLD AND BELOW ACCORDING TOTHEIR INFORMATIONAL KNOWLEDGE OR ACADEMIC ATTAINMENT.

In this age there are a lot of criminals luring e!ery"here, and some of them are e!en minors "ho are aged #elo" eighteen years old. $ome say that they are still young and that their minds and consciousness are not yet matured, #ut others say that they ha!e the ca%a#ility to thin and no" "hat is "rong and "hat is right. In this case this study "ill &ustify the age of "hich criminal lia#ility should #e determined. As a definition, criminal lia#ility shall #e incurred #y any %ersons committing committing a felony "herein the felony is either committed "ith deli#erate intent or #y means of fault1. In this to%ic "e shall focus on the minors acts through deli#erate intent or deceit. The latin a'iom of Actus non facit reum nisi mens sit rea "hich means (the act itself does not mae a man guilty unless his intentions "ere so.) is one of the re*uisite for one to #e held criminally lia#le for felonies committed #y means of deceit +dolo. Intent is a mental state, the e'istence of "hich is sho"n #y the o!ert acts of a %erson.  The court in /eo%le !s. Do*ue0a states that "e must tae into consideration not only the facts and 1 Article 3, Revised Penal Code 2 Article 3, Revised Penal Code 3 Soriano vs. People, 88 Phil. 368, 374

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circumstances "hich ga!e rise to the act committed #y the minor, #ut also his state of mind at the time the crime "as committed.  Thus, there is no felony #y dolo if there is no intent. As of the current la"s an accused, "ho is a minor aged 12 years and #elo", shall #e e'em%ted from criminal lia#ility %ro!ided he committed the crime during his tender age and is cou%led "ith the a#sence of intent. In e'%ounding on the element of dolus, Al#ert has stated3 (The second element of dolus is intelligence4 "ithout this %o"er, necessary to determine morality of human acts to distinguish a licit from and illicit act, no crime can e'ist, and #ecause the infant has no intelligence, the la" e'em%ts him from criminal lia#ility.2) It is thus %resumed that in the eyes of a child, there is a mistae of fact as to the right and "rong and is thus e'cusa#le. It is then deemed im%ortant to categori5e those "ho should #enefit from this doctrine. C6RR78T LAW The legislati!e #ranch, in com%liance "ith se!eral international agreements,9 %assed the Ju!enile Justice and Welfare Act of ::9 +R.A. 8o. ;. < =erein, child "as referred to as %ersons under the age of eighteen +1> years.> Those "ho en&oy a#solute criminal res%onsi#ility are, to "it4

4 People vs People vs Doqueña 68 Phil. 8! 5 "uerra vs. Al#odovar ".R. $o. 7%6 &anuar' %6, ()8) Ad#inistration o &uvenile &ustice or -ei/in0 Rules,1 6 *nited $ations Standard +ini#u# Rules or the Ad#inistration *nited $ations "uidelines "uidelines or the Prevention o &uvenile Delinquenc' or the -Ri'adh "uidelines,1 "uidelines,1 and the *nited $ations Rules or the Protection o &uvenile Deprived o 2iert'.





A child +12 years of age or under at the time of the commission of the offense shall #e e'em%t from criminal lia#ility. =o"e!er =o"e!er the child shall #e su#&ected to an inter!ention %rogram %ursuant to $ection : of the Act. ; 8e!ertheless, children are de!elo%ing de!e lo%ing at a *uicer *u icer rate than %re!iously %re !iously.. Today, oday, gi!en technological era, children ha!e a greater understanding of the "orld. 1: According to $enator ?rancis 7scudero, (youths of today are more no"ledgea#le, e!en minors, as held rele!ant from the %ast. 11 This suggests a need to amend aforementioned %ro!ision to %ace "ith the changing minor@s minor @s mental ca%acity ca%a city.. /RBL7 In the %ast a ne"s eru%ted focusing on the (#atang hamog) or ($%ider ang) "here#y youths engaged in notorious (#uas-ta'i) modus o%erandi in the !icinity of aati, es%ecially along the length of the 7%ifanio delos $antos A!enue A!enue +7D$A in uadalu%e. uad alu%e. 1 Brought #y this incident, the $enate committee on &ustice and human rights is ready to su#mit to the %lenary a measure sus%ending the continued im%lementation of R.A. ;. The reason "hy there is a need to amend aforesaid section "as #ecause the !ery nature for its enactment E to gi!e minors a #etter chance in society. society. =o"e!er, since since it "as enacted, la" enforcers and e!en social "orers ha!e #lamed R.A. ; for the "ides%read commission of criminal acti!ities in!ol!ing minors "ho no" that they cannot #e charged in court, e!en if they are caught red-handed or %ositi!ely identified #y their !ictims. It thus a%%ears that the intention of the la" "hich is to reform the delin*uent minor is derailed. 9 Section 6, R.A. $o. )344 10 Ohio State Journal of Criminal Law (Volume 2 493! "#e an$ Criminal %e&'on&iilit) ) *err) +aher (,rofe&&or of Criminal Law- .ni/er&it) of $inur#h Sotti&h Law Commi&&ioner!





Another %ro#lem of this act is that it may encourage criminal grou%s, drug dealers and other illegal acti!ities to use these children in their o%erations as they no" that these ids are immune from criminal lia#ility lie"ise they "ill use the ids to %erform their acts for the syndicates as children can #e easily s"ayed #y these %eo%le through #ri#es, toys, or e!en drugs as a means of re"ard for committing the act. ne of the loo%holes of la" is that it failed to foresee the concerted efforts #et"een syndicates "ho use minors as %rinci%als #y direct %artici%ation in the commission of the crime. It "as not antici%ated that syndicates "ould illegally resort to this. 1 nes they ha!e e'ecuted the crime, la" enforcers ha!e no %o"er to detain them #ecause of this la". nly #irth certificate is needed.1 Rosales and $enator ?rancis /angilinan, the main author for the la". Commissioner@s contention that it goes against international standards and !iolates Re%u#lic Act ; is #ereft of o f legal #asis. 12 $imilar case held "ith $enator /angilinan@s contention that it is not scientifically and %sychologically su%%orted. 7!aluation of Contentions The contention that it transgresses international standards, "here#y the /hili%%ines is a signatory signator y, is legally #linded. $ection 1+d, 1+d , Cha%ter I, Title I of R.A. ; states that3

13 Annaelle 2. Ricalde. 2a'er &ose A. =aia, director 0eneral o the Philippine >nor#ation A0enc' P>A5, told Sun Star Ca0a'an Ca0a 'an de ?ro. =eruar' 3, %!((. %!((. )344 Determination of Age @ Age @ he child in conlict ith the la shall en/o' the 14 Section 7, R.A. )344 Determination presu#ption o #inorit'. #inorit'. eBShe shall en/o' all all the ri0hts o a child in conlict conlict ith the la until until heBshe is proven to e ei0hteen (85 (85 'ears o a0e or older. older. he a0e o o a child #a' e deter#ined ro# the child:s child:s irth certiicate, aptis#al aptis#al certiicate or an' other other pertinent docu#ents. docu#ents. >n the asence o these





/ursuant to Article : of the 6nited 8ations Con!ention on the Rights of the Child19, the $tate recogni5es the right of e!ery child alleged as, accused of, ad&udged, or recogni5ed as, ha!ing infringed the %enal la" to #e treated in a manner consistent "ith the %romotion of the child@s sense of dignity and "orth, taing into account the child@s age and desira#ility of %romoting hisFher reintegration. Whene!er a%%ro%riate and desira#le, the $tate shall ado%t measures for dealing "ith such children "ithout resorting to &udicial %roceedings, %ro!iding that human rights and legal safeguards are fully res%ected. It shall ensure that children are dealt "ith in a manner a%%ro%riate to their "ell-#eing #y %ro!iding for, among others, a !ariety of dis%osition measures such as care, guidance and su%er!ision orders, counselling, %ro#ation, foster care, education and !ocational training %rograms and other alternati!es to institutional care. In addition thereto, the Bei&ing Rules states that the age of criminal res%onsi#ility (shall not #e fi'ed at too lo" an age le!el, #earing in mind the facts of emotional, mental and intellectual maturity.) maturity.) 1< It is thus e!ident that a%%urtenant international agreements left the discretionary authority of determining the age of a#solute irres%onsi#ility on state@s munici%al la". The doctrine of incor%oration1>, constitutionally enunciated, and %acta sunt ser!anda "ith res%ect to the rule on the %rinci%le on %ar in %arem non ha#et im%erium +conce%t of legal e*uality 1; should #e harmoni5ed.

16 *$ Convention on the Ri0hts o the Child hich had een ratiied in the Philippines on &ul' ())! and eco#e eective on Septe#er Septe#er % ())!

17 ei/in0 Rule 4.( 18 Setion 2- "rtile - 1987 ,hili''ine Con&titution  a$o't& the #enerall) ae'te$ ae'te$ 'rini'le& of international law a& 'art of the law of the lan$ an$ a$here& to the 'oli) of 'eae- eualit)- u&tie- free$om - oo'eration- an$ amit) with all nation&





$tates, signatories of the same, had enacted their res%ecti!e munici%al la"s. The ta#le #elo" sho"s states@ ado%ted age of a#solute irres%onsi#ility. $ome states refuse to set a fi'ed minimum age, #ut lea!e discretion to %rosecutors to argue or the &udges the &udges to rule on "hether the child child or or adolescent adolescent +G&u!enileG +G&u!enileG defendant understood that "hat "as #eing done "as "rong. If the defendant did not understand the difference #et"een right and "rong, it may not #e considered a%%ro%riate to treat such a %erson as cul%a#le cul%a#le.. $econd, the contention that tha t it !iolates Re%u#lic Act ; is unconstitutional for this "ould acno"ledge irre%eala#le la"s thus limiting the %o"er of incum#ent legislatures. : Lastly, $enator /angilinan@s contention that it is not scientifically and %sychologically su%%orted is a#sence of factual #asis. /rior to the ado%tion of R.A. ;, /hili%%ines had already %ertinent la"s in!ol!ing the a#solute irres%onsi#ility of minors. ?irst is the circumstances "hich e'em%t from fro m criminal lia#ility. A %erson under nine years of age or a %erson o!er nine years of age and under fifteen, unless he has acted "ith discernment, in "hich case, such minor shall #e %roceeded against in accordance "ith the %ro!isions of Article >: of this Code. 1 $econd is T=7 C=ILD A8D H6T= W7L?AR7 CD7.  =erein, a child nine years of age or under at the time of the commission of the offense shall #e e'em%t from criminal lia#ility and shall #e committed to the care of his or her father or mother, or nearest relati!e or family friend in the discretion of the court and su#&ect to its su%er!ision. The same shall #e done for a child o!er nine years and under fifteen years of age at the time of the commission of the offense, unless he acted "ith discernment, in "hich case he shall #e %roceeded against in accordance "ith Article 1;.  20 Atiti vs. a#ora 47( SCRA 3%)







The %ro!isions of Article >:  of the Re!ised /enal Code are re%ealed #y the %ro!isions of aforesaid code. The contention then of $enator /angilinan for the hearsay facts and a#sence of concrete scientific and %sychological e!idence is dou#ting. This "ould im%licate that enactors of said la"s merely indicated therein said %ro!isions #ecause of %ersonal !ie"s and "ithout any su%%orti!e facts. This "ould as "ell im%ly that there is constancy on child@s mental de!elo%ment and limiting the !ie" on ceteris %ari#us %rinci%le. Based from an em%irical data, from a#out ages 9 to 1, children ac*uire heightened ca%acities for &udgment, reasoning, social understanding, emotion management, and self-a"areness. At the same time, the social "orld of middle childhood #roadens #eyond the family to include the school, neigh#orhood, %eer grou%, and other influences. Children #egin to %ercei!e themsel!es in multi%le roles and relationshi%s #esides those of the family, family, e!en though family relationshi%s remain central.

In contrast to the ra%id %hysical de!elo%ment of the earlier years, children gro" more slo"ly and gradually during middle childhood. 7!en so, children "ho are "ell nourished gain a#out 9 cm +.2 in in height and 1.> to . g + to 2 l# in "eight each year. Children ty%ically #ecome slimmer as their #ody %ro%ortions change. uscular gro"th and #etter coordination ena#le children to ride a #icycle, run faster and for longer distances, %artici%ate in





lder children also #egin to master and en&oy their intellect. They #ecome more consciously a"are of their mental %rocessesKsuch as "hat it taes to memori5e a s%elling list or remem#er a s%ecific %ast e!entKand can deli#erately enlist their cogniti!e %o"ers to accom%lish their goals. ?or e'am%le, they enlist memory strategies that strengthen their recall of e'%eriences and information. lder children seem to thin more *uicly than younger children +and many adults #ecause they no" ho" to do so. They s%ontaneously monitor and e!aluate their %rogress and thus correct and im%ro!e their "or. They are more liely to use e'ternal aids, such as "riting things do"n, to hel% them thin. These *ualities mae older children more ca%a#le and moti!ated learners. any other cogniti!e sills also im%ro!e. Reading and mathematical a#ility ad!ances significantly, along "ith !oca#ulary !oca#ular y and grammatical sills. any children #egin to learn a second language in middle childhood. Children@s no"ledge of many s%ecific to%ics to% ics that interest them e'%ands dramatically, "hether of %lanets, dinosaurs, or roc stars. Ca%acities to read music and master a musical instrument gro" significantly. Although children at this stage are still rather concrete thinersKthat is, a#stractions and hy%othetical issues are hard for them to understandKthey ha!e the intellectual sills to function com%etently in the adult "orld. 2 Before the time of arcos, the Ju!enile and Domestic Relations Courts !ie"ed the minor as a !ictim not as an aggressor. 9 The %ro#lem is that "e





said that minors "ere #eing trained as (ayat #ahay) +a term used to refer to those "ho #rea into houses to steal #ecause they can easily enter a house through a small entrance. Aside from this, Lo%e5 added that most of the snatchers and %ic%ocets in the city are minors. When arrested, they are e!entually turned #y the %olice o!er to the De%artment of $ocial Welfare and De!elo%ment +D$WD or to other concerned agencies for custody.< If the %assed go!erns, then the there is no accused. The %assi!e and o#&ect su#&ect are #oth !ictims lea!ing no one "ith criminal lia#ility. /oints as to the em%hasis should #e on the syndicates a#using minors as %rinci%als is unnecessary. Re!ised /enal Code already %ro!ides a %unishment for %rinci%als "ho directly force or induce others to commit it. > Those "ho committed a crime "ith the aid of %ersons under fifteen +12 years of age is as "ell %ro!ided. ; The amendment %ro%osed herein, is limited to a#solute criminal irres%onsi#ility #ut shall #e su#&ected to ci!il lia#ility. =uman Relations on Ci!il Code states that, (7!ery %erson "ho, contrary to la", la ", "ilfully or negligently causes damage to another, shall indemnify the latter for the same.): Ci!il lia#ility shall de!ol!e u%on those ha!ing such a %erson under their legal authority or control, unless it a%%ears that there "as no fault or negligence on their %art.1

Lo"ering the age of a#solute criminal irres%onsi#ility "ill not eliminate





%ro#a#ility "ill reduce &u!enile delin*uents #ecause the age of irres%onsi#ility, as held rele!ant from the range mentioned in go!erning la", is minimi5ed. The aggressi!eness of minors, #ecause of their cloa of immunity and im%unity, shall #e reduced re duced significantly. The The feared concerted syndicates using minors as %rinci%als for the crime shall as "ell #e lessened. As stated #y Director Lo%e5, syndicates trained minor s. With this amendment, %ersons nine +; years of age shall #e easier to ca%ture as held rele!ant from full #odied and %o"erful minors@ age fifteen +12. Lo"ering the age of a#solute irres%onsi#ility to nine +; year of age is not only %ro%er, #eing "ell esta#lished a#o!e, #ut also this increases the safeguards accorded to la" a#iding citi5ens. This "ould, if accrued, lead to a "ell esta#lished and harmonious society. It has #een &uris%rudentially !erified that e!ery %erson must in the e'ercise of his rights and in the %erformance of his duties, act "ith &ustice, gi!e e!eryone his due, and o#ser!e honesty and good faith.

NewReview of Literature - Justifying the Lowering of the Age of Exemption From Criminal Liability

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