A renewed call to lower the age of criminal liability to 10 years old in the Philippines has emerged following reports of minors involved in theft, drugs, and violent crimes. Proponents argue it will curb youth crime, but critics say the proposal fails on legal, moral, social, and educational grounds.
Children Lack Full Criminal Intent
Ten-year-old children are still children. Although they can distinguish right from wrong at a basic level, their capacity to understand long-term consequences is not fully developed. Their judgment is often influenced by fear, peer pressure, or adult commands. A child's mistake does not automatically equate to full criminal intent.
Many Young Offenders Are First Victims
Many children in conflict with the law come from families experiencing extreme poverty, neglect, domestic violence, or lack of education. When a 10-year-old commits a crime, society must ask who truly failed: the child, or the home and community that should have protected them?
Some argue that syndicates exploit children because they know minors face less accountability. This is a serious problem, but the solution is not to criminalize the child. Instead, adults who exploit children should face the full weight of the law.
Lowering Age May Create More Problems
Lowering the age of criminal liability could push children deeper into a life of stigma and discrimination. Rather than correcting their path, they may become accustomed to a criminal environment, worsening their behavior. The true goal of juvenile justice is rehabilitation, not punishment. A child has a greater capacity to change than an adult.
Schools and Science Support Higher Age
Schools are not just academic centers but institutions for character formation. When a child goes astray, the first response should be education, guidance, and behavioral shaping, not labeling them as a criminal.
Research in child development consistently shows that brain areas responsible for judgment, impulse control, and risk assessment continue developing throughout adolescence. At age 10, these abilities are not fully formed, making it unjust to treat a child as an adult in court.
Other countries have lower ages of criminal responsibility, but each nation has unique social realities, justice systems, and support structures. What works elsewhere may not work in the Philippine context, especially when social services and rehabilitation programs remain unevenly available.
Accountability Without Criminal Liability
Children below the age of criminal liability are not without accountability. Interventions, community-based programs, parental accountability measures, and other mechanisms can correct behavior. Accountability and criminal liability are not the same; a child can be held responsible in a manner appropriate to their age and development.
Instead of lowering the age, the focus should be on strengthening institutions that shape youth: better parenting education, stronger child protection mechanisms, quality education, mental health support, and a vigorous campaign against using children in criminal activities. The root of the problem is not age but the conditions that drive children toward crime.
Ultimately, the question is not how harsh society can be on children who make mistakes, but how ready society is to help them change. A 10-year-old who commits wrongdoing must be corrected, guided, and rehabilitated, but should not be treated as a criminal in the same way as an adult offender. Ten is simply too young.
