SENATOR Risa Hontiveros has opposed renewed calls to lower the minimum age of criminal responsibility following the fatal school shooting in Tacloban, saying the move would be counterproductive and divert attention from deficiencies in the country’s juvenile justice system.
During the Kapihan Forum at the Manila Prince Hotel on July 2, Hontiveros said Congress should instead review the implementation of intervention and diversion programs for children in conflict with the law (CICLs).
“Kasing importante na ma-review po namin kung gaano kahusay ba ‘yong mga intervention programs… Hinihintay pa namin sa susunod na pagdinig na matanong sa kanila kung paano dapat ang juvenile justice at ‘yong intervention o diversion program sa mga menor de edad,” Hontiveros said.
Calls to revisit the minimum age of criminal responsibility resurfaced after two minors, aged 15 and 14, opened fire at San Jose National High School in Tacloban, Leyte, on June 22, killing three students and injuring 20 others.
Under the Juvenile Justice and Welfare Act, children aged 15 to below 18 may be held criminally liable only if they acted with discernment.
The 15-year-old suspect has been charged with three counts of murder, three counts of frustrated murder and multiple counts of serious physical injuries after authorities found that he acted with discernment.
The 14-year-old suspect, meanwhile, is exempt from criminal liability because he is below the minimum age of criminal responsibility. He has been placed under the custody of the Department of Social Welfare and Development for intervention and rehabilitation.
Hontiveros said lowering the age of criminal responsibility would not address the root causes of juvenile crime, especially because rehabilitation programs remain poorly implemented.
The Juvenile Justice and Welfare Act requires local government units to establish “Bahay Pag-asa” centers that provide temporary shelter and rehabilitation for CICLs. However, a Senate inquiry found that only 28 of the country’s 117 Bahay Pag-asa facilities comply with Department of Social Welfare and Development standards. Tacloban also has no Bahay Pag-asa center.
The senator also argued that scientific evidence did not support lowering the age of criminal responsibility because adolescents are still developing the capacity for mature judgment.
“Ang tamang direksyon, kung may gustong mag-revisit ng minimum age of criminal responsibility, ay hindi pababa; baka nga pataas,” Hontiveros said during the forum.
A 2019 study by the United Nations Children’s Fund found that the brain regions responsible for reasoning, judgment, and impulse control continue to develop through adolescence, reinforcing the need for age-appropriate interventions for young offenders.
Under Republic Act 9344, discernment refers to a child’s ability to distinguish right from wrong and appreciate the consequences of committing an offense.
Hontiveros said minors remain vulnerable to peer pressure and manipulation because their discernment is still developing.
The senator made the remarks days after leading a Senate inquiry into the Tacloban shooting, during which authorities discussed the possible role of online grooming and extremist networks targeting children through digital platforms, including the gaming platform Roblox.
“Mas doon kami tumutok doon sa isa pang isyu na nalaman namin, at ito po ‘yung babala tungkol sa tinatawag na Nihilistic Violent Extremism o NVE. Isa pong malagim na ideolohiya na ikinakalat ngayon ng mga grupo na binibiktima ‘yung mga bata,” Hontiveros said.
Hontiveros said the Senate inquiry underscored the growing threat posed by online extremist groups that prey on minors who have yet to fully develop their judgment.
Questioning proposals to impose adult-like punishment on young offenders, she said rehabilitation should remain the priority.
“Kung parusahan sila like an adult, anong epekto sa kanila? Mare-reform ba sila o magiging lalong hardened person?” she said.
She cited data from the Task Force on Community Preventive Services showing that juveniles incarcerated with adults are more likely to reoffend and commit more violent crimes than those who undergo rehabilitation programs specifically designed for minors.
Anti-political dynasty bill
Meanwhile, Hontiveros expressed optimism that an anti-political dynasty law could be passed before the 2028 elections, citing support from lawmakers in both chambers of Congress.
“Naglo-look forward ako sa bicameral conference committee meeting sana sa mga counterparts namin sa House. Maipapasa ba namin? I am hopeful kasi sa unang pagkakataon, 13 sa Senado ay nag-file ng mga anti-political dynasty bills,” Hontiveros said.
On June 3, the House of Representatives passed House Bill 8389 on third reading, with 267 lawmakers voting in favor of the measure. The bill is now awaiting Senate action.
Hontiveros said the proposed measure would fulfill the constitutional provision banning political dynasties and is intended not to target specific political families but to expand opportunities for public service and electoral competition.
“May ilang mga dynasty na masasabi ng mga constituents nila na matitino at magagaling ‘yung mga nagsisilbi but this bill is not about personal virtue or family virtue, [tungkol ito sa] finally, four decades pagkatapos itong inutos ng Konstitusyon, buksan talaga ‘yung political system sa karamihan ng mga Pilipino,” she added.
In the Senate, 13 senators have filed bills seeking to ban political dynasties, including members of political families such as Sens. JV Ejercito and Raffy Tulfo.
