UY, THIRD D LF13 Position Paper Lowering Age Imprisonment
I. Introduction
Criminal cases today are getting more violently and the worst thing is that more and more minors are being the suspects today. I t’s very alarming to know that the youths who must spending their time playing and learning, the youths who supposed to be the hope of our nation are doing this criminal act. Since before some youths are already a part of a crime. If they were caught they were given a chance to change their life and start a new one and until now they can’t be imprison if they are 18 years old and below but now things is too far from before, youths abused this exemption to do crime all over again. Lowering Age Imprisonment can help to educate the youths to be disciplined. The numbers of minor criminals are getting bigger and bigger. Lowering the Age Imprisonment is one of the ways to lessen the young criminals and more importantly to prevent them from committing crimes. In the Philippines, the HB 6052 or the House Bill 6052 is near to be passed; it is a bill that will change the Republic Act 9344 or Juvenile Justice and Welfare Act of 2006. Based on our current law, the Republic Act 9344, it’s stated that only those who aged 18 and below is considered as a minor and if he/she commits crime he/she will only be turned to the DSWD to be rehabilitated and if that minor is below 15 then all cases against him/her will be dismissed. The HB 6052 states that a person who aged 12 years old can already be arrested or confined in a government facility. I am in favour to lower our country’s age imprisonment because I believe that today’s youths are already modern and know what’s wrong a nd correct. Anybody who
committed a crime young or old should face the consequence, a crime is a crime and that won’t change. We should not use the age of a person because minors are using
their age because they know that they are exempted to any criminal liability instead they will be put to a rehabilitation centre. After they stayed or be rehabilitated I don’t think they’ll change, maybe some but most of them will do the crime again and again because they don’t fear anything; they are abusing that age exemption. I believe that
lowering age imprisonment is not for abusing the youths ’ rights and freedom nor harassing them; it’s for them to know what discipline and responsibility, especially what justice is.
II. Counter Argument
Many opposed to lower the age imprisonment; Juvenile Justice and Welfare Council said that lowering age imprisonment is just a way to turn back an adult’s obligations to the minors and it won’t lower criminal rates. According to the Kabataan Party list youths must have proper education and their other basic needs, the adult mastermind or gangs who use children to avoid to be prisoned must be arrested and lowering the age imprisonment undermines efforts to build a child-friendly justice system. They also said that those youths who violated the law needs intervention in a rehabilitation centre. They should not be treated like an adult offender. Others say that it is fault of the country’s poverty why they commit such crime and won’t stop doing it . According to those who opposed, most of the parents are not responsible to their child’ s growth development, some parents are abusive and they didn’t care for their child that result in the child’s bad moral, psychological an d physical health of the child. In Kabataan Party’s view of point they said that to stop the children is to ensure that they
were given the basic social services. Give them proper education, housing, food, clothing, and emotional support to shield them from the world of crime. I opposed their reasons why minors do such crimes. First of all, there are some parents who took care of their child well, yet their child grew up evil because today, minors are very stubborn and some children who is being abused grew up to be successful with a good moral, Why? Because they know already what’s wrong and right due to their experience before and they know how to act properly to others. Second is that I agreed that everyone must have basic needs but I don’t think t hat having all the things makes a person who can’t commit a crime anymore, in reality no matter how many things he or she have, that person can still commit crimes. We cannot hide the minor from the dark side of the world because we are born to see such things and all we need to do is learn how not to be involved and make our life better as we can while we’re on this world . Lastly, I do believe we must not put so much blame to our country’s status because poverty doesn’t make the minor to be criminal. Rapes cases are also done by some minors; rich or poor and I don’t think that this is the poverty’s fault it is the fault of too much curiosity and the thinking that they are “untouchables ”. I also believe that poverty won’t stop you to live a better life because there are some less fortunate people who
work hard to survive without doing a crime. Criminal Syndicates and gangs are spreading all over the country can be reduced if the government lower its age imprisonment. T he syndicates and gangs won’t be able to use the minors anymore. There are many criminal syndicates who use minors to do crimes like robbery and smuggling illegal drugs because they know that the minor won’t be
punished as soon as they were caught unlike to them, when they were caught they will be punished as soon as they were caught. Lowering age imprisonment will not only help the minors but it also help the country.
III. My Argument
Minors will do the same crime all over again because they know that they are exempted in any criminal liability and there are some cases that when they were free from the rehabilitation centre they will commit a crime again like stealing. Unlike heavy cases like murder, Minors are found of stealing because they know that they will only be rehabilitated for days or months, and then they will be free to steal again. Minors are not afraid to the peace makers because even they were caught they know that they won’t
be jailed because they are still considered as minor, instead the peace makers will free them, turn over to a rehabilitation centre or to their respective houses. Rape is one of the worst crimes that a person might do. Before, only an adult can do such crime but now even a minor can do it. There are some minor who will sexually abused someone and when that minor was caught what happened to that minor? They will only turnover him/her to the DSWD and let the DSWD do their job. It is really unfair for the victim of the minor because that victim suffered much and lost his/her dignity but unlike the rapist, he/she still needed to wait until he reaches the right aged to be prisoned. It is really unfair .Those who opposed to lower the age imprisonment think that the minors are still innocent about what’s correct and what’s wrong. Then , if they say so, why do
they came back to the rehabilitation centre again and again if they are helping the minors who are inside to know what’s right and wrong and to ha ve a new life. It is also a bit impossible that the minors now are innocent because of today’s modern technology;
internet access, smart phones and other high-tech sources. It means that the money that the government entrusted to them is going to the wrong side. Rehabilitation centre is useless because even though they said putting the minors in a rehabilitation centre will change their life it is nonsense if they can’t stop the minors to go back again. Some High authorities are giving “special treatment” to the minors and I believe that
giving the minors a “special treatment ” won’t help because this kind of treatment won’t help them to grow up properly. We need youths who are responsible and disciplined and not a spoiled one. Those who opposed the lowering of age imprisonments only spoil the minors to much because the minors know where to hide or their escape boat. They will never learn how to live independently and they won’t be aware of their actions
whether it is good or bad because there is someone who is spoiling them telling them that they are still young and that they are “untouchable” to their crime obligations .
IV. Conclusion
I support lowering the age imprisonment. I concluded that lowering age imprisonment will help the minors to know what responsibility and disciplines is, to their self and to others. It will also help them to know the consequences of committing a crime. The country expects a lot to the minors because they have a big role in our country or maybe to the world because they are the hopes of our nation, nobody but them. They may complain but that’ s what a minor must do, everyone has a role to this world and the youth’s role is to be the hope and the voice of the nation. Every actions always comes
with responsibility, it applies to everyone even to the minors. When a minor committed a crime the minor should faces the consequence because I believe that there is no age exemption when it comes to crime because a crime will always be a crime no matter how big or small it is. I recommend that lowering age imprisonment should be implemented already to our country soon as possible because time cannot go back as days goes on we will never know how many minors are being a part of the criminal world and how many people are being the victim of the minors. Minor should be put in jail and experience what a criminal life in jail feels like. For example, when an adult and a minor murdered someone both of them must be punished because even though their age is different to each other but the crime is the same, so that means that the punishment should also be the same. They should not pity the minor because the minor criminal also did a crime like the adult did. If we are too lenient to the minors and always focus on the adult criminals, then the minors will just grow up not as future leaders but as future criminals and we don’t want that to happen and also for the justice. I also recommend that the government must strengthen its justice system. In the end, I believe that everyone should help each other because one cannot do all the works alone, it means that everyone has responsibility to others. If the minors will change, then the adults should change too, we may not expect to see the quick change but I believe that it will be worth it.
V. Reference list
Galacio, G. (2007, 07 October). Controversial provisions of RA 9344. Retrieved from http://famli.blogspot.com/2006/07/some-essential-and-controversial.html
Kabataan Party list. (2012, 7 JUNE). No to HB 6052: Don’t Lower Minimum Age of Criminal Responsibility. Retrieved from http://kabataanpartylist.com/blog/no-to-hb-6052don%E2%80%99t-lower-minimum-age-of-criminal-responsibility/
Maestro Orobia. (2012, November 9). Mga Batang Naliligaw Ng Landas. Retrieved from http://www.pinoyparazzi.com/mga-batang-naliligaw-ng-landas/
National Youth Commission. (2012, 25 May). AMENDING THE LAW IS NO SOLUTION, WILL NOT SOLVE CRIMINALITY. Retrieved from http://www.nyc.gov.ph/whats-new-atnational-youth-commission/nyc-updates/81-youth/656-amending-the-law-is-no-solutionwill-not-solve-criminality-
Plan Philippines. (2007). Si Biboy, si Ging-Ging, at ang Juvenile Justice and Welfare Act. Retrieved from http://www.pstcrrc.org/docs/Primer_JJWA_Social_Worker.pdf
