Law's author says it has helped many children get a 2nd lease on life

MANILA - If the amendments to the Juvenile Justice and Welfare Act of 2006 are really necessary, the law's principal author believes it should include provisions that would not limit the liability to the age per se.

Senator Francis “Kiko” Pangilinan, the principal author, told ANC's Dateline Philippines on Thursday that "perhaps it’s not age, but the nature of the offense that should be looked into in terms of amendments if necessary."

"Let us look at the nature of the offense. If it’s serious offenses, then maybe. We should look at the nature of the offense and also the participation of the minor," he said.

House Bill 002, authored by incoming House Speaker Pantaleon Alvarez and Capiz Representative Fredenil Castro, seeks to lower the age of criminal liability from 15 to nine years old.

Philippine National Police (PNP) Chief Ronald "Bato" Dela Rosa is in favor of this, citing cases of some drug syndicates in Davao that use children to deliver contraband.

But, Pangilinan said, while he is willing to have the law revisited in the incoming Congress, he first wants to know what actions authorities are implementing against these drug syndicates.

"If we really want to be strong on crime, let us punish and go after these drug syndicates, many of whom, by the way, are protected either by corrupt PNP or corrupt local officials," he said.

"If they are not doing enough to go against the drug syndicates, then we have to go slow in going after the children," he said.

He explained, these syndicates target the minors precisely because they are the most vulnerable.

Pangilinan said the inception of the law was based on the recognition that "minors have to be treated differently from adults."

"Iba ang pagtrato sa ating mga menor de edad, iba rin ang trato sa mga adult. Yun ang premise dyan. Kaya po natin binigyan ng ganitong klaseng batas. Hindi dapat parusahan ang bata tulad ng pagparusa sa adult," he said.

For this, he maintained the law is not a failure.

"Thousands of young children in conflict with the law have been able to get a second lease on life. They are not put behind bars, they were not put beside criminals, hardened criminals, and have been able to get a new lease on life," he said.

Still, he recognized that there may have been loopholes in the law, and he is willing to revisit and amend it like they did in 2013.

"Let us look at the arguments, and revisit the arguments being raised and we are open to some adjustments if it is necessary," he said.