Gov't, civil society groups split on reviewing juvenile justice law

Government agencies and civil society groups are divided on whether to lower the Philippines’ minimum age of criminal responsibility (MACR) from 15 to 12. The debate follows a June 22 shooting in Tacloban City involving teenage suspects, with the Department of the Interior and Local Government (DILG) and the National Youth Commission (NYC) favoring a review while Karapatan and the Juvenile Justice Welfare Council (JJWC) oppose it.

Why is the government considering a lower age of criminal responsibility?

Interior Secretary Jonvic Remulla is pushing for amendments to the law, stating that “cognizance and intent” are more important than age. Remulla claimed a 14-year-old suspect in the Tacloban shooting acted because he knew he would not be charged.

Remulla also noted that law enforcement officials have observed crime syndicates recruiting minors for illegal activities to exploit the current law. He recommended that Congress work to create a more comprehensive juvenile justice law.

Did You Know? The current legal framework for youth offenders is governed by the 2006 Juvenile Justice and Welfare Act.

What are the arguments against lowering the MACR?

Karapatan secretary general Cristina Palabay argues that lowering the age to 12 diverts attention from poverty, abuse, and neglect. Palabay stated these factors, along with a lack of government support for rehabilitation, lead to youth involvement in violent crimes.

Palabay also noted that the existing law already allows for the detention of youth offenders under 15 in rehabilitation centers if they commit serious crimes. She rejected claims that minors are allowed to go “scot-free.”

JJWC Executive Director Tricia Clare Oco added that lowering the MACR is not a deterrent. Citing a 2022 nationwide study, Oco identified dysfunctional family environments, limited parenting skills, and exposure to community violence as primary drivers of youth crime.

Expert Insight: Samantha Carter notes that the tension here lies between a “punitive” approach focused on individual intent and a “systemic” approach that views youth crime as a symptom of socio-economic failure. The debate over the “test of discernment” effectively questions whether a child’s cognitive development can be legally separated from their environmental influences.

How has youth crime changed over the last decade?

Data from the Philippine National Police shows a general decrease in children in conflict with the law (CICL) over a 10-year period, according to Tricia Clare Oco. The numbers peaked in 2017 with 26,850 recorded cases.

DILG chief Jonvic Remulla says he supports amending Juvenile Justice Law | ANC

According to the JJWC presentation, the counts dropped to 24,683 in 2016, 23,767 in 2018, 19,557 in 2019, 15,897 in 2020, 11,696 in 2021, 6,185 in 2022, 10,035 in 2023, 4,383 in 2024, and 8,654 in 2025.

Oco attributed this decline to the perseverance of national agencies and local government units in establishing prevention, rehabilitation, and intervention programs.

What may happen next in the legal review?

The National Youth Commission may lead a study to determine if the “test of discernment” should be extended to children aged 13 to 15 for grave offenses. The NYC cited growing exposure to harmful online content as a reason to review current legal frameworks.

Policymakers and child-rights experts could be called to study these reforms to ensure they remain grounded in due process and the best interest of the child. Any changes to the MACR would likely require legislative action from Congress.

Frequently Asked Questions

What is the current minimum age of criminal responsibility in the Philippines?

The current minimum age of criminal responsibility is 15.

Who supports lowering the age of criminal responsibility?

The Department of the Interior and Local Government (DILG) and the National Youth Commission (NYC) are in favor of revisiting the age limit.

Do children under 15 currently face any consequences for serious crimes?

According to Karapatan, the law calls for the detention of youth offenders younger than 15 in rehabilitation centers if they are found to have committed serious crimes.

Do you believe the “test of discernment” is a fair way to determine criminal responsibility for minors?

Gov’t, civil society groups split on reviewing juvenile justice law