Lowering of MACR will face more opposition in Senate
Published Jan 22, 2019 02:26 pm
By Vanne Elaine Terrazola
Chances of the Senate's approval of the proposed lowering of the minimum age of criminal responsibility (MACR) to nine years old are getting slim as more senators air their opposition and concerns over the plan on Tuesday.
This, despite Senate President Vicente Sotto III's declaration Monday that "majority" of his colleagues in the Upper Chamber believe that it is high time to lower the age of criminal liability, although he believed that nine years old may be too young.
Sotto said they are keen on prioritizing the passage of the proposal.
Senate President Vicente Sotto III (Czar Dancel / MANILA BULLETIN)
On Tuesday, the Senate Committee on Justice and Human Rights started its deliberation on the proposal, which President Duterte is also pushing.
Two bills seeking to lower the minimum age of criminal liability have been filed in the Chamber. But unlike in the House of Representatives, the Senate bills wanted 12 years old as the new MACR.
Senator Aquilino Pimentel III, however, said the measure should not be rushed.
"Pag-isipan and pag-usapan nang mabuting-mabuti, at 'wag madaliin (It should be reviewed and discussed very carefully; it should not be rushed)," Pimentel said in a text message.
Sen. Grace Poe, meanwhile, reiterated her protest to the lowered age of criminal responsibility.
"Our position remains unchanged. We reiterate that lowering the MACR is anti-poor, as most children in conflict with the law come from poor families and have no meaningful access to legal services," said Poe, who, in 2016, filed Senate Resolution 157 opposing any move to lower the MACR beyond the current 15 years old.
Poe said holding children as young as nine years old criminally-liable will not address the root causes of juvenile offenses.
"Throw these kids in a congested jail with adult criminals, and chances are they will emerge from prison and rejoin society not as reformed and skilled individuals but as bitter young men," she warned.
Poe added that if minors are indeed being used by syndicates, "then law enforcers should go after these syndicates victimizing the children."
Sen. Joel Villanueva echoed Poe as he also urges the government to increase the penalties adults who use children to commit crimes. He, too, believes that children are "victims in these situations."
He said law enforcement agencies should improve their intelligence unit and capacity to reduce crimes.
"We should also improve our strategies in rehabilitating juvenile delinquents. I think the involvement of a number of kids in the commission of crime is an indication that we have failed as a society in protecting our children. Punishing them is not the right approach," Villanueva said.
Sen. Antonio Trillanes likewise opposed the proposed lowering of MACR to nine years old.
"It is anti-family, anti-poor and simply unjust. Moreover, it will promote a heartless and ruthless society that has no regard for its own people," Trillanes said.
"As somebody who has been imprisoned, I know that such a harsh environment will severely traumatize those children and would lead them further to a life of crime once they have served their sentence. Kahit na ihiwalay pa sila ng selda (Even if we separate them from the adult jails)," he added.
Trillanes said children below 15 years old are "not psychologically and emotionally" mature enough to understand right from wrong or to totally grasp the consequences of their actions.
"Those kids must be able to recover from those early mistakes in life through rehabilitation and counseling," he also appealed.
Other senators who were cold the proposed lowering of the MACR to nine years old were Sen. Nancy Binay, Sen. Sonny Angara, Sherwin Gatchalian, Sen. Panfilo Lacson, and Sen. JV Ejercito, who all belong the Senate majority bloc.
Minority Sens. Bam Aquino, Leila de Lima, Risa Hontiveros and Francis Pangilinan also opposed the measure.
Senate President Pro Tempore Ralph Recto also questioned the lowering of the MACR to nine years old as he demanded from his fellow lawmakers data and studies proving the involvement of Filipino children in crimes.
Senate President Vicente Sotto III (Czar Dancel / MANILA BULLETIN)
On Tuesday, the Senate Committee on Justice and Human Rights started its deliberation on the proposal, which President Duterte is also pushing.
Two bills seeking to lower the minimum age of criminal liability have been filed in the Chamber. But unlike in the House of Representatives, the Senate bills wanted 12 years old as the new MACR.
Senator Aquilino Pimentel III, however, said the measure should not be rushed.
"Pag-isipan and pag-usapan nang mabuting-mabuti, at 'wag madaliin (It should be reviewed and discussed very carefully; it should not be rushed)," Pimentel said in a text message.
Sen. Grace Poe, meanwhile, reiterated her protest to the lowered age of criminal responsibility.
"Our position remains unchanged. We reiterate that lowering the MACR is anti-poor, as most children in conflict with the law come from poor families and have no meaningful access to legal services," said Poe, who, in 2016, filed Senate Resolution 157 opposing any move to lower the MACR beyond the current 15 years old.
Poe said holding children as young as nine years old criminally-liable will not address the root causes of juvenile offenses.
"Throw these kids in a congested jail with adult criminals, and chances are they will emerge from prison and rejoin society not as reformed and skilled individuals but as bitter young men," she warned.
Poe added that if minors are indeed being used by syndicates, "then law enforcers should go after these syndicates victimizing the children."
Sen. Joel Villanueva echoed Poe as he also urges the government to increase the penalties adults who use children to commit crimes. He, too, believes that children are "victims in these situations."
He said law enforcement agencies should improve their intelligence unit and capacity to reduce crimes.
"We should also improve our strategies in rehabilitating juvenile delinquents. I think the involvement of a number of kids in the commission of crime is an indication that we have failed as a society in protecting our children. Punishing them is not the right approach," Villanueva said.
Sen. Antonio Trillanes likewise opposed the proposed lowering of MACR to nine years old.
"It is anti-family, anti-poor and simply unjust. Moreover, it will promote a heartless and ruthless society that has no regard for its own people," Trillanes said.
"As somebody who has been imprisoned, I know that such a harsh environment will severely traumatize those children and would lead them further to a life of crime once they have served their sentence. Kahit na ihiwalay pa sila ng selda (Even if we separate them from the adult jails)," he added.
Trillanes said children below 15 years old are "not psychologically and emotionally" mature enough to understand right from wrong or to totally grasp the consequences of their actions.
"Those kids must be able to recover from those early mistakes in life through rehabilitation and counseling," he also appealed.
Other senators who were cold the proposed lowering of the MACR to nine years old were Sen. Nancy Binay, Sen. Sonny Angara, Sherwin Gatchalian, Sen. Panfilo Lacson, and Sen. JV Ejercito, who all belong the Senate majority bloc.
Minority Sens. Bam Aquino, Leila de Lima, Risa Hontiveros and Francis Pangilinan also opposed the measure.
Senate President Pro Tempore Ralph Recto also questioned the lowering of the MACR to nine years old as he demanded from his fellow lawmakers data and studies proving the involvement of Filipino children in crimes.