Remulla Pushes Stronger Juvenile Justice Law Focused on Intent, Discernment Instead of Age

Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla on Thursday called for amendments to Republic Act (RA) No. 9344, or the Juvenile Justice and Welfare Act, saying the law should place greater emphasis on an offender’s intent and level of discernment rather than age alone.

During a press conference at Camp Crame, Remulla said the deadly shooting involving 15- and 14-year-old male students at San Jose National High School in Tacloban City, Leyte underscores the need to revisit the current law governing juvenile offenders.

“Ito ang infirmity ng Juvenile Justice Act. Nakita n’yo ‘yung mga bata, nag-usap – ‘Ay, walang mangyayari sa akin kasi 14 years old lang ako,'” he said.

He noted that law enforcement authorities have also observed criminal groups exploiting the law by using minors as accomplices in illegal activities.

“Napansin rin ng mga kapulisan na ginagamit ng mga drug lords na courier ang mga 14-year-olds para walang charge,” he said.

The DILG chief stressed that the key consideration should be whether the child fully understood the nature and consequences of the act committed.

“I think age is not important. But cognizance and intent are the most important factors,” he said. “In this case, alam niya [the 14-year-old] na hindi siya macha-charge kaya siya ang nakabaril ng marami.”

Remulla emphasized that any proposed reform should not merely focus on lowering the minimum age of criminal responsibility but on developing a more comprehensive juvenile justice system.

“I strongly recommend to Congress that we work together to come up with a more comprehensive law on juvenile justice,” he said.

Under RA No. 9344, children aged 15 and below are exempt from criminal liability and are instead subjected to intervention programs. Meanwhile, children above 15 but below 18 years old may only be held criminally liable if it is proven that they acted with discernment.