Positive

FIRST DIVISION
G.R. No. 176102, November 26, 2014
ROSAL HUBILLA Y CARILLO, PETITIONER, VS. PEOPLE OF THE
PHILIPPINES, RESPONDENT.

RESOLUTION

BERSAMIN, J.:

The Court recognizes the mandate of Republic Act No. 9344 (Juvenile Justice and
Welfare Act of 2006) to protect the best interest of the child in conflict with the
law through measures that will ensure the observance of international standards
of child protection,[1] and to apply the principles of restorative justice in all laws,
policies and programs applicable to children in conflict with the law.[2] The
mandate notwithstanding, the Court will not hesitate or halt to impose the
penalty of imprisonment whenever warranted on a child in conflict with the law.

Rule on Juveniles in Conflict with the Law

Rule on Juveniles in Conflict with the LawAll parents will agree that children should be
raised in a disciplined environment where they are taught how to be accountable
for their actions. But many parents believe that this doesn't mean they are to be
judged based on adult standards.
Several legislators, however, disagree. There is currently a bill proposing that the
minimum age of criminal responsibility be lowered from 15 to 9 years old.
If approved, it will amend the existing Republic Act 9344 or Juvenile Delinquency
Act of 2006. According to a Rappler report, the congressmen pushing the said bill
believe that the current age of criminal liability is guilty of "pampering youth
offenders who commit crimes knowing they can get away with it. Worse, adult
criminals individually and/or in organized cabal knowingly and purposely
make use of youth below 15 years old to commit crimes, such as drug trafficking,
aware that they cannot be held criminally liable."

photo: dreamstime

The congressmen who have also petitioned to restore the Death Penalty, wish to
revise the existing law as follows:
"A child nine (9) years of age and above but below eighteen (18) years of age
shall likewise be exempt from criminal liability and subjected to an intervention
program unless he/she is determined to have acted with discernment, in which
case he/she shall be subjected to appropriate proceedings in accordance with
this Act. The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws."