MACR lowered to 12

The House of Representatives on Monday passed a bill seeking to lower the minimum age of criminal responsibility (MACR) to 12 years old.

A total 146 affirmative votes approved House Bill (HB) 8858 or An Act Expanding the Scope of the reformation and Rehabilitation of Children in Conflict with the Law and Strengthening the Social Reintegration Programs, Amending the Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006. There were 34 negative votes for the bill.

Among the amendments provided by HB 8858 is the lowering of the minimum age of responsibility of children in conflict with the law from 15 years old to 12.

Children who committed the offense that are under 12 will be subjected to an intervention program but those who are 12 years old and above but below 18 will be exempt from criminal liability and subjected to intervention program unless they acted with discernment.

“I just want to clarify that first, there will be no imprisonment that will happen here. Second, I would like to tell the people that they (children) will not be included in ordinary jails or ordinary inmates,” House Justice Committee Chairman Salvador Leachon said.

Leachon added that the bill is not an anti-poor and anti-children measure saying that it only aims to protect them from criminal syndicates.

The bill provides that if the child, who is above 12 but below 18, committed serious offense such as murder, parricide, infanticide, kidnapping and serious illegal detention, robbery with homicide or rape, destructive arson, rape, or carnapping where the driver or occupant was killed or raped and violation of dangerous drugs, there is mandatory confinement at the Bahay ng Pag-asa and these children will undergo intervention program.

Earlier, Speaker Gloria Macapagal-Arroyo said she was only doing the agenda of President Rodrigo Duterte that’s why the Lower Chamber is now doing its part in legislating the lower MACR.

“Because the president wants it. Since the beginning I said that my agenda is the president’s agenda,” she stressed.