In the Philippines, children aged 15 and below who commit crimes are not held criminally liable and cannot be imprisoned. This is stipulated in the Juvenile Justice and Welfare Act of 2006, or Republic Act 9344, authored by Senator Kiko Pangilinan. Instead of imprisonment or being labeled as criminals, minors may undergo counseling, education, and rehabilitation. This applies even to severe cases, such as a recent incident in Tacloban City where a minor allegedly shot and killed several people and injured others.
Revised Penal Code vs. RA 9344
Before RA 9344, the Revised Penal Code of the Philippines stated that minors aged 9 to 15 who committed crimes were not criminally liable unless it was proven that they acted with discernment—the capacity to understand whether their actions were right or wrong. If evidence showed the crime was committed with awareness of its wrongfulness, the minor could be held liable under the Revised Penal Code, though with a reduced penalty, and could also be ordered to undergo rehabilitation.
For example, if a minor planned the crime in advance or sent text messages indicating intent to commit a crime despite warnings, such evidence would demonstrate discernment. This contrasts sharply with RA 9344, which removes criminal liability entirely for those under 15, regardless of discernment.
Kiko Pangilinan's Defense of RA 9344
When criticized for RA 9344, Senator Pangilinan argued that minors are not without accountability. According to him, the law provides accountability through a process and interventions. However, critics question where in the law such accountability for the crime itself is established, as the law focuses on rehabilitation rather than punishment.
Questions Raised by the Tacloban Shooting
The Tacloban incident has sparked numerous questions. How did students enter the school with firearms? Where did they get the guns—stolen, borrowed, or purchased? What drove the minors to such extreme anger? If not anger, could they have been acting out of thrill or "tripping"? Were the victims the intended targets or hit by stray bullets? How did the minors learn to use firearms so accurately, given that even trained shooters often hesitate to aim at people?
Some experts note that while shooting at a range is easy, firing at a person is psychologically difficult. Yet, the Tacloban shooters showed no such hesitation, raising concerns about their mental state or possible drug influence.
Broader Context: Flood Control and Corruption
Meanwhile, two strong typhoons are approaching the country, reminding the public of President Bongbong Marcos' 2024 State of the Nation Address claim of 5,500 completed flood control projects—later alleged to be non-existent or "ghost projects." Amidst massive borrowing due to poverty, billions of pesos are reportedly stolen by so-called "Maleta Gang" (suitcase gang). This raises the question: Is the Philippines truly poor, or are its funds simply being looted?
