Filipino people please help me on this one.?

Question

I need to right a paper and i'm also going to have an in class mini- debate/argument. The topic is:

" SHOULD JUVENILE OFFENDERS (below 16) WHO COMMIT SERIOUS CRIMES (murder, rape, armed robberry, etc.) BE TRIED, CONVICTED & PUNISHED AS AN ADULT?


please tell me if you are PRO or CON on this issue, i need facts or / of statistics of sources whatever sides you take.

I would really appreciate your help. Thank you very much.

Answer 1

They are minors, so they should not be tried, treated, nor convicted as adults.

I agree these crimes are heinous, and revolting. But these kids should be given special consideration precisely because they are minors. They should be given a chance to be rehabilitated, and lumping them in together with hardened adult convicts will lose all of their chances for the future. And to think they got to this situation because the adults who were supposed to nurture their minds and morals were sleeping on the job.

Answer 2

they should not be tried, convicted, & punished as adults but they still need to be punished for their crimes. i mean, hello, murder, rape, armed robbery? those crimes are way serious!

they should not be lumped in with the older criminals but still, they should be incarcerated and rehabilitated.

when they turn 18, i think they should be put on trial again to see if they are fit to be reintegrated into society. the question is, who decides and how?

i believe these older children already know whats right and wrong so they should face the consequences of their actions.

Answer 3

DSWD may handle the juvenile offenders but i don't trust the DSWD because of the large amount of repeat offenders.

if only they can take things more seriously and systematically.

Answer 4

They're minors. But they should be tried for that crime when they reach 18.

Answer 5

if below 16, accdg. to the law, DSWD (department of social welfare and development), will handle it.

Answer 6

i'm against... it's the law. research about pangilinan law.

Answer 7

personally, i am against that minors should be treated the same as adult crime offenders.

legally, under the philippine law( Republic Act No. 9344) - aka pangilinan law, it says:


SEC. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules", United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines", and the United Nations Rules for the Protection of Juveniles Deprived of Liberty.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the 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.

SEC. 7. Determination ofAge. - The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties.

If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended.

In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.