Children are not criminals, Makabayan lawmakers say in opposing lower age of criminal liability

Two progressive legislators pushed back this week against fresh attempts to subject minors to tougher criminal penalties, insisting that young people caught up in violence require care and rehabilitation rather than prosecution. The proposals gained traction after a fatal shooting at a Tacloban City school, but Gabriela Party-list Rep. Sarah Elago and Kabataan Party-list Rep. Renee Co warned that punitive measures miss the real drivers of youth violence.

Co traced much of the problem to the conduct of those in power, arguing that aggression has been normalized from the top down. “It is profound when a president curses and says they will shoot and kill to the mindset of children,” she told reporters at the House of Representatives.

For Co, the issue connects directly to questions of accountability among officials. She pointed to the impeachment complaint filed against Vice President Sara Duterte, framing the allegations of threats against public figures as evidence that leaders must answer for their behavior. “We do not want the youth to see this as an example of behavior. That is why we are continuing to pursue the process of accountability, whether it be in the impeachment or how the education system translates on the ground,” she said.

Elago, for her part, cautioned that reducing the age of criminal liability would reverse hard-won gains in children’s welfare. “Children should not be targeted by laws that are centered on punishment while the government undermines the underlying cause of violence and the challenges facing them. Children are not criminals,” she said.

She singled out the reasoning behind some of the proposals as troubling. “The thought that the mere fact that children are exposed to technology and information means they should face the brunt of the law is alarming. This argument avoids discussions on poverty, the lack of social services, and the culture of violence in the country,” Elago said, urging policymakers to confront the conditions that allow violence and impunity to take root.

Both lawmakers questioned whether existing safeguards are working as intended. Co said authorities ought to assess the implementation of Republic Act No. 9344, the Juvenile Justice and Welfare Act, and determine whether enough funding is reaching rehabilitation programs for young offenders.

The Makabayan bloc intends to file a House resolution calling for a full investigation into the Tacloban shooting, which killed three students and wounded several others. Co said the planned inquiry would work alongside the Senate and concerned agencies to pinpoint where policy has fallen short and to shape legislation capable of preventing a repeat.