Changes to juvenile law better than nothing

CEBU, Philippines - Downgrading the age of minor offenders from 15 to 12 years old is better than not modifying Republic Act 9344 at all, said Senior Supt. Patrocinio Comendador Jr.

Comendador, who has once requested the law’s proponent to lower the age to nine, said this latest proposal, which will be presented to Congress next week, is better because criminals who are 12 years old can now be punished by law.

“I always support the move na i-downgrade ang age. Sa uban ganing countries, di na gani mo-determine og age. Sa uban pud, ang six-years-old, pwede na gani i-penalize,” said Comendador, the director of the Cebu Provincial Police Office.

Back in 2007 when Comendador was still director of the Cebu City Police Office, he submitted a position paper asking Sen. Francisco Pangilinan, the proponent of RA 9344 or the Juvenile Justice and Welfare Act of 2006, to repeal and modify the law.

CCPO then noted 600 cases involving minors during the first half of the year alone in 2007, or a 62-percent increase. Several of these minors were arrested for different offenses, including murder and homicide.

RA 9344 exempts a child 15 years old or younger from any criminal liability, even if they were aware of the offense they committed, Comendador said.

He said once arrested, these children even confidently claim they are minors and cannot be criminally liable.

The CPPO director further said that the proposal is advantageous as children in conflict with the law will be given proper rehabilitation after they are charged for the crimes they may commit.

Also under the new proposed Criminal Code, the state will also prosecute grave crimes committed abroad against Filipinos, and there will no longer be a “frustrated” murder charge but only “consummated or attempted” charge.

These are some of the key features of Book 1 of the new Criminal Code, part of a new penal code being drafted by a criminal code committee created by the Department of Justice.   (FREEMAN)