Position Paper
The age of criminal responsibility should not be lowered down to 13 years old
The age of criminal responsibility is the point at which an individual can be legally
held accountable and punished for committing a crime. In many countries, this age ranges
from 15 to 18 years old, reflecting the recognition that children are not yet fully mature in
their judgment and decision-making. In the Philippines, the current minimum age of
criminal responsibility (MACR) is 15. However, ongoing proposals in Congress aim to
reduce this age to 13—or even younger. Proponents argue that children today are more
mature, aware of right and wrong, and should therefore be punished if they commit crimes.
This paper argues that lowering the MACR to 13 would be a serious mistake. It disregards
scientific evidence on brain development, violates children’s rights under international law,
and risks worsening crime rather than reducing it.
At 13 years old, children are still in crucial stages of emotional, psychological, and
moral development. Scientific studies confirm that the prefrontal cortex—the part of the
brain responsible for impulse control and long-term judgment—does not fully mature until
the mid-20s. Expecting a 13-year-old to fully grasp the consequences of their actions is
therefore unrealistic. Lowering the age of criminal responsibility ignores these biological
facts and instead imposes adult punishments on children who lack adult capacities.
Lowering the MACR would make children more vulnerable to manipulation.
Criminal syndicates and abusive adults could exploit minors by using them to carry out
crimes, knowing that these children would face criminal charges. Instead of addressing the
real perpetrators, the law would unjustly transfer blame to minors who are themselves
victims of poverty, neglect, or exploitation. Far from reducing crime, this shift would only
encourage syndicates to recruit younger offenders.
The Philippines is a signatory to the United Nations Convention on the Rights of
the Child (UNCRC), which obligates the state to uphold the best interests of children.
Lowering the MACR contradicts this commitment by subjecting minors to harsh criminal
justice systems instead of rehabilitative care. UNICEF has explicitly criticized such
proposals, calling them “an act of violence against children.” Rather than criminalizing 13-
year-olds, the government should focus on programs that nurture their growth, protect
their welfare, and provide opportunities for reform.
Evidence from other countries demonstrates that lowering the age of criminal
responsibility does not deter crime. Punitive systems often increase recidivism, as
children branded as criminals face stigma, fewer educational opportunities, and limited
employment in adulthood—pushing them further into crime. In contrast, rehabilitative
approaches such as education, counseling, community programs, and diversion strategies
are far more effective in guiding children back into society.
Some argue that children today mature faster, have access to information, and can
already distinguish right from wrong. They claim that holding them criminally accountable
at 13 would promote discipline and reduce juvenile delinquency.
However, this argument fails to consider the deeper causes of youth crime—
poverty, neglect, and adult exploitation. Even if a 13-year-old can recognize right from
wrong, their ability to resist pressure, control impulses, and understand long-term
consequences remains underdeveloped. Furthermore, punishing children in adult-like
systems does not address the environment that leads them to crime in the first place. A
justice system that prioritizes rehabilitation, not punishment, is more effective and
humane.
Lowering the minimum age of criminal responsibility to 13 is unjust,
counterproductive, and harmful to children and society. It ignores scientific evidence on
brain development, violates international commitments to children’s rights, and would
likely increase rather than reduce juvenile crime. Instead of criminalization, the Philippines
should strengthen the existing Juvenile Justice and Welfare Law by expanding
rehabilitation programs, diversion strategies, and support for at-risk youth. True justice is
not about punishing children into submission but guiding them toward a future where they
can contribute positively to society. Protecting children, not branding them as criminals, is
the path toward a safer and more compassionate nation.
Reference List:
Science Advances. (n.d.). Adolescence is a sensitive period for prefrontal microglia to act on
cognitive development.
Simply Psychology. (n.d.). When does the prefrontal cortex fully develop?
UN Child Rights Envoy. (2017, March 27). Letter urging government not to lower age of
criminal responsibility. Manila: UNICEF
UNICEF Philippines. (2018, September 27). Do not lower minimum age of criminal
responsibility [Press release]. UNICEF.
UNICEF Philippines. (2019, January 18). Lowering the age of criminal responsibility is
against child rights [Press release]. UNICEF.
UNICEF & Save the Children Philippines. (2019). Opposition to lowering MACR. Philippine
News Agency.
PubMed. (n.d.). The impact of juvenile educational measures, confinement centers, and
probation on adult recidivism.
SpringerLink. (2021). The 40-year debate: A meta-review on what works for juvenile
offenders. Journal of Experimental Criminology.
Submitted by: Group 1
