January 24th, 12:05am January 23rd, 10:44pm Hananeel Bordey

Sparks flew anew between the Palace and top critic of President Rodrigo Duterte United Nations (UN) rapporteur Agnes Callamard over moves in Congress to lower the age of criminal liability to nine years old.

Presidential spokesman Salvador Panelo said Callamard is again dipping her fingers into the affairs of the country after she cited in a social media post that the proposed measure was a “dangerous and potentially deadly proposal.”

“Just shameful,” Callamard said in a tweet, as she cited a study showing the brain function reaches maturity only at around 16 years old.

“What is dangerous and potentially deadly is her intrusive and ignorant theorem on how a sovereign state deals with its problem with criminality,” Panelo said in a statement.

“Dr. Callamard would do well by restraining herself from using her UN post in continuing her interference in the country’s domestic affairs while waging a political agenda of demolition against the President,” he added.

The official said Callamard merely parroted false and unstudied accusations, “a process that certainly diminishes the credibility and respectability of the UN Special Rapporteur mechanism.”

Panelo stressed the proposed measure will not allow minors aged nine to 18 to go to jail. He said minors in conflict with the law will instead be brought to youth care facilities “supervised by a multi-disciplinary team which includes doctors, psychologists and social workers.”

“There will be no imprisonment imposed upon nine-year-olds who commit crimes,” he added.

The administration-backed bill, thus far, had hurdled the House justice panel.

“We are confident that Congress in legislating such law will ensure that due considerations on the protective rights of the child are weighed in,” he said.

Panelo added that the intent of the proposed law is to protect children “against criminals who victimize and coerce them to become offenders.”

“The proposed law will deter criminals from using children as their accomplices or in treating them as pawns in committing crimes,” he said.

He expressed confidence that in legislating such a law, the House will ensure that due considerations on the protective rights of the child are weighed in.

Under the proposed law, Panelo said the maximum penalty for individuals and criminal syndicates found guilty of exploiting children to become youth offenders is reclusion perpetua or life imprisonment.

He lamented that critics and detractors of the Duterte administration continue to “drown” the legislative proposal without even having read it yet and ignore the reality that the measure is meant to benefit the youth.

“They simply have not read the provisions of the bill, hence their opposition is based either on blissful ignorance or pretended misinformation. They are either unaware or ignore the reality that criminals have become smart as to use the present law in exploiting the children to assist them in committing their crimes,” Panelo said.

“What the intended legislation does is actually provide a means of rehabilitation in favor of those youth who have freely and discerningly committed a crime,” he added.

Panelo reiterated Mr. Duterte’s earlier statement that the current Juvenile Justice Welfare Act of 2006 (RA 9344), which exempts children 15 years old and below from criminal liability, has created a new generation of criminals.

“To the mind of the President, the current law has laid the foundation for the emergence of a new generation of criminals. When minors are released in as many times as they are arrested, criminality becomes a part of their lives and thereby evolving into being full-blown criminals,” Panelo said.

Panelo also emphasized the President remains committed in providing children with a safe and peaceful environment by going after the principals and main actors of crime groups.

Callamard made her remark against the House bill as she retweeted the UNICEF for reminding that brain function reaches maturity only at around 16 years old.

Former Special Assistant to the President Christopher Lawrence “Bong” Go gave full support to the enactment of the bill.

“I am one of those who support the proposal to amend the bill as pushed by President Duterte. Even before, I said that I will rereview the Juvenile Justice law. Our objective is to protect the youth and prevent them from being exploited by criminal syndicates,” Go said on radio.

Go, who is running for senator in the 2019 elections, said amending Juvenile Justice Law would protect children from being exploited by criminal syndicates as drug couriers or to commit other crimes such as robbery because the current law exempts them from criminal liability.

Go noted the country is still facing a huge problem in the war against illegal drugs which is one of the key issues that catapulted Mr. Duterte to the presidency.

Go said he is leaving it to Congress to settle the issue of the minimum age of criminal liability.

While he supports lowering the age of criminal responsibility, Go said children in conflict with the law should undergo reformative processes to help provide them a second chance at a brighter future.

“We needed a good place for them, to allow their reform – which is a halfway house for their rehabilitation. What is important is that they never slide back to their misguided ways,” Go said.

Under the bill approved by the committee, children as young as nine years old who commit serious crimes would be mandatorily confined for rehabilitation and reform at “Bahay Pag-asa” – youth care facilities built and run by the local government unit.