YOUTH JUSTICE
AND
REHABILITATION
BILL
PRESENTED BY: GROUP 2
Juvenile delinquency
- also known as juvenile offending, is the act of participating in
unlawful behavior as a minor or individual younger than the
statutory age of majority.[1] These acts would otherwise be
considered crimes if the individuals committing them were older.
[2]The term delinquent usually refers to juvenile delinquency,
and is also generalised to refer to a young person who behaves
an unacceptable way.[3] -wikipedia
REPUBLIC ACT NO. 10630
AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN
THE PHILIPPINES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE
"JUVENILE JUSTICE AND WELFARE ACT OF 2006" AND
APPROPRIATING FUNDS THEREFOR
DESCRIPTION
The Youth Justice and Rehabilitation Act aims to reform the juvenile
justice system in the Philippines by lowering the age at which minors
can be held accountable for major crimes such as homicide or
murder. However, it emphasizes rehabilitation and monitoring for
minors who commit minor offenses such as theft, rather than
imprisonment.
This bill seeks to strike a balance between accountability and
rehabilitation for minors involved in criminal activities. It recognizes
that while serious offenses require appropriate consequences,
minors who commit lesser offenses can benefit more from
rehabilitation and support services rather than imprisonment.
The issue of lowering the age of accountability for crimes to 12 years
of age in the Philippines has been a topic of debate and discussion
among policymakers, legal experts, and the general public. The
DESCRIPTION
1. Cognitive Development One of the main arguments in favor of lowering the age of
accountability is based on the understanding of cognitive development in Filipino
children. Proponents argue that by the age of 12, Filipino children have developed a
sufficient level of cognitive ability to understand the consequences of their actions and
distinguish between right and wrong. This argument is supported by the "Study on
Child Development in the Philippines" conducted by the Philippine Institute for
Development Studies (PIDS) (2018), which found that Filipino children at the age of 12
demonstrate a level of cognitive development that enables them to comprehend the
impact of their choices.
2. Deterrence and Rehabilitation Advocates for lowering the age of accountability in
the Philippines also argue that it would serve as a deterrent for young individuals who
might be tempted to engage in criminal activities. They believe that the fear of facing
legal consequences would discourage Filipino children from committing crimes. The
Philippine Juvenile Justice and Welfare Act of 2006 emphasizes the importance of
restorative justice, rehabilitation, and intervention for children in conflict with the law
(Republic Act No. 9344, 2006). Advocates argue that by lowering the age of
accountability, children can receive appropriate support and guidance at an earlier
DESCRIPTION
3. Harmonization with Local Laws and Practices Another reason put forth for lowering
the age of accountability to 12 years of age is to align with local laws and practices in
the Philippines. Proponents argue that the current age of accountability at 15 years old
is not consistent with other laws in the country that recognize the capacity of
individuals below the age of 15 to make decisions. For example, the Family Code of the
Philippines allows individuals as young as 7 years old to act as witnesses in certain
legal proceedings, suggesting that they have some level of legal capacity. By lowering
the age of accountability to 12 years old, it would harmonize the legal framework and
ensure consistency in recognizing the decision-making abilities of Filipino children (The
Family Code of the Philippines, Executive Order No. 209).
4. Prevention of Exploitation Advocates argue that lowering the age of accountability
would also help prevent the exploitation of younger Filipino children by older
individuals. By holding 12-year-olds accountable for their actions, it would discourage
older individuals from involving them in criminal activities, as they would be aware of
the potential legal consequences. The Committee on the Rights of the Child (2016)
highlights the need for comprehensive measures to protect children in conflict with the
DESCRIPTION
Year Number of Cases
2022 74
2023 100
OBJECTIVES
1. Lower the age threshold for holding minors
accountable for major crimes to ensure justice
and deterrence.
2. Prioritize rehabilitation and monitoring over
incarceration for minors involved in minor
offenses to facilitate their reintegration into
society and prevent recidivism.
3. Establish a comprehensive framework for the
rehabilitation and monitoring of minors, focusing
on education, counseling, and community
PROVISIONS
1. Age Threshold for Major Crimes: The age threshold for
holding minors accountable for major crimes such as
homicide or murder shall be lowered to 12 years of age,
ensuring that perpetrators of serious offenses face
appropriate consequences.
2. Rehabilitation and Monitoring for Minor Offenses:
Minors who commit minor offenses such as theft shall be
diverted from the criminal justice system and instead
sent to specialized organizations for rehabilitation and
monitoring.
3. Comprehensive Rehabilitation Framework: The
government shall establish and support rehabilitation
centers equipped with educational, counseling, and
PROVISIONS
4. Community Support and Monitoring: Upon
completion of rehabilitation programs, minors shall
be reintegrated into their communities with
continued support and monitoring to prevent
recidivism.
5. Evaluation and Oversight: Regular evaluation
and oversight mechanisms shall be implemented
to ensure the effectiveness and accountability of
rehabilitation programs and facilities.
6. Protection of Rights: The rights and welfare of
minors, including access to education, healthcare,
and legal representation, shall be protected
throughout the rehabilitation process.
PERSUASIVE STATEMENT
In order to protect the vulnerable and ensure a fair and just legal system,
it is imperative that we advocate for the lowering of the age of
accountability for minors to 12 years old in the Philippines. This proposal
is supported by local evidence and studies, as well as international
frameworks for child protection and rights. One of the key justifications
for lowering the age of accountability to 12 years old is the recognition of
children's rights and their capacity to participate in the decision-making
process. Children aged 12 to 18 years old are entitled to basic rights and
protections under the Law Number 23 of 2002 concerning Child
Protection in the Philippines (Jayati, 2020). This law recognizes that
children have the right to live, grow, develop, and participate optimally in
society. Furthermore, we can look to examples from neighboring
countries such as Indonesia and Malaysia, where the age of
accountability has already been lowered to 12 years old. In these
countries, lowering the age of accountability has been shown to be
effective in ensuring child protection and reducing accountability risk of
PERSUASIVE STATEMENT
Local studies and data also support the need to lower the age of accountability
in the Philippines. For example, a study conducted by the Philippine Institute for
Development Studies found that children as young as 12 years old are already
at the risk of being involved in criminal activities. The trend of drug trafficking
among children has been increasing, with individuals as young as 10 to 16 years
old getting involved. This alarming trend highlights the urgent need to establish
a system that holds children accountable for their actions at an earlier age.
Lowering the age of accountability to 12 years old not only ensures that children
are protected from being exploited by criminal elements, but it also provides
them with the necessary support and guidance to rehabilitate and reintegrate
into society. It is important to note that lowering the age of accountability does
not mean treating children as adults; rather, it acknowledges their evolving
capacity for making sound decisions and understanding the consequences of
their actions. In conclusion, lowering the age of accountability to 12 years old in
the Philippines is a necessary step towards ensuring child protection, promoting
their rights, and providing them with the support and guidance they need to
THANK
YOU
