HOW should minor delinquents be treated?
In an old case decided by the High Tribunal, it was held that minor delinquents shall be treated—not as criminals—but as in need of aid, encouragement, and guidance; and as children who have temporarily gone astray. (People vs. Makaraig, G.R. No. 32931, September 11, 1930)
Section 3 (2), Article XV of the 1987 Constitution mandates that the State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.
What is more, as a State Party to the United Nations Convention on the Rights of the Child, the Philippines recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. (Article 40, UN Convention on the Rights of the Child)
RA No. 9344 (The “Juvenile Justice and Welfare Act of 2006”) promotes the creation of a child-friendly justice system focused on rehabilitation and restoration rather than punishment. (See Implement the Juvenile Justice Law fully and effectively – UNICEF, https://www.unicef.org > Philippines) This law covers the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. (“Child” refers to a person under the age of eighteen (18) years. While “Child in Conflict with the Law” refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.)
As stated in RA No. 9344, as a policy, the State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law. “Restorative Justice” refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community; it seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society.
Simply put, restorative justice is a species of justice that leads to lasting peace.
The intent of RA No. 9344 “is to promote and protect the rights of a child in conflict with the law or a child at risk by providing a system that would ensure that children are dealt with in a manner appropriate to their well-being through a variety of disposition measures such as care, guidance and supervision orders, counselling, probation, foster care, education and vocational training programs and other alternatives to institutional care.” (Sierra vs. People, G.R. No. 182941, July 3, 2009, citing Section 2 [d] of RA No. 9344)
The law modifies as well the minimum age limit of criminal irresponsibility for minor offenders; it changed what paragraphs 2 and 3 of Article 12 of the Revised Penal Code (RPC), as amended, previously provided – i.e., from “under nine years of age” and “above nine years of age and under fifteen” (who acted without discernment) – to “fifteen years old or under” and “above fifteen but below 18” (who acted without discernment) in determining exemption from criminal responsibility. Section 6 of RA No. 9344 provides that the following minors shall be exempt from criminal liability: 1. Those below fifteen (15) years of age at the time of the commission of the crime; and 2. Those above fifteen (15) years but below eighteen (18) years of age who acted without discernment. (Dorado vs. People, G.R. No. 216671, October 3, 2016) Under RA No. 9344, only a child above fifteen (15) years but below eighteen (18) years of age who acted with discernment shall not be exempted from criminal responsibility. When a minor above fifteen (15) but below eighteen (18) years of age is charged with a crime, it cannot be presumed that he or she acted with discernment. (Ibid.)
To reiterate, the law says that a minor is fifteen (15) years of age on the day of the fifteenth anniversary of his/her birth date. In A.M. No. 02-1-18-SC dated November 24, 2009, the Supreme Court likewise defined the age of criminal responsibility as the age of when a child, fifteen (15) years and one (1) day old or above but below eighteen (18) years of age,P commits an offense with discernment.
