DEBATE ARGUMENTS AND ● Setting the age at 12 aligns with

international practices in countries

REBUTTAL
like Indonesia or Thailand.
“Should we lower the age of
criminal responsibility to 12” In Indonesia, the age of criminal
responsibility is set at 12 years old,
which means children below this
POSSIBLE ARGUMENTS
age cannot be held criminally liable
for their actions. Similarly, Thailand
1. Argument: Children lack full mental and also sets the minimum age at 12,
emotional maturity aligning with the understanding
that children at this age begin to
Rebuttal Topics: develop a more advanced level of
● 12-year-olds can distinguish moral reasoning and can
between right and wrong for distinguish between right and
serious crimes. wrong
Indonesia and Thailand Law
A significant study is Jean Piaget's
research on moral judgment.
Piaget explored how children's
moral understanding evolves as 2. Argument: Criminalizing children will
they grow. He identified two main worsen their lives
stages: the morality of constraint
(up to about 7-8 years old) and the Lowering the age will expose children to
morality of cooperation (from the criminal justice system, where they
around 9-10 years old) By the age might be further traumatized or pushed
of 12, children typically transition to into a life of crime.
the morality of cooperation, where
they start to understand the Rebuttal Topics:
importance of rules, intentions, and ● This proposal focuses on
mutual respect rehabilitation centers rather than
Research of Piaget prisons, which prioritize reform
over punishment.
● Emphasize the need for
accountability, not harsh The focus is on rehabilitation
punishment, as a way to guide centers, not prisons. For instance,
children towards rehabilitation. intervention programs already exist
under RA 10630 to reform children
In the Philippines, RA 9344 aged 12 and above who commit
(Juvenile Justice and Welfare Act serious crimes.
of 2006) already recognizes the
need for intervention for children in ● Children need intervention to
conflict with the law, ensuring prevent repeat offenses and
rehabilitation, not harsh protect society.
punishment.
● Without accountability, children
may remain unchecked and fall
deeper into criminal activity.
 ● Stress that the focus remains on
rehabilitation programs under RA
3. Argument: Poverty and environment are 10630, ensuring the child’s rights
the real causes of juvenile crime are protected while addressing
criminal behavior.
Many children in conflict with the law are
driven by poverty, neglect, or being used
by adults to commit crimes. Lowering the
age targets symptoms, not root causes. 5. Argument: Children will be stigmatized
as criminals
Rebuttal Topics:
● While poverty plays a role, Being labeled as a criminal at a young age
accountability provides intervention can stigmatize children, making it harder
that helps children break the cycle for them to reintegrate into society.
of crime.
Rebuttal Topics:
● Laws like RA 7610 (Special ● Reforms will include counseling,
Protection of Children Against education, and reintegration
Abuse) can hold adults or programs instead of punitive
guardians accountable for measures. These are already
exploiting children to commit mandated under the Juvenile
crimes. Justice and Welfare Act.

● Ignoring children’s crimes worsens ● Accountability helps children

poverty and crime in the long run, understand consequences and
as these children may grow up to correct behavior, reducing future
commit more severe offenses. crimes.

● Without intervention, society may

stigmatize these children further as
4. Argument: It violates children’s rights repeat offenders.
under international law

Lowering the age contradicts the United

Nations Convention on the Rights of the
Child (UNCRC), which advocates for 6. Argument: Rehabilitation, not
juvenile justice systems focusing on criminalization, reduces juvenile crime
rehabilitation, not punishment.
The focus should be on improving
Rebuttal Topics: rehabilitation programs, not lowering the
● Emphasize that rehabilitation, not age of criminal responsibility.
imprisonment, remains the core
focus. The proposed change aligns Rebuttal Topics:
with international practices in ● Current laws are often too lenient,
countries like Australia and the UK, allowing repeat offenses. Lowering
where accountability begins earlier the age to 12 will balance
alongside rehabilitative measures. accountability and rehabilitation.
 ● Emphasize the need for
● Rehabilitation programs under RA streamlined juvenile justice
9344 will continue, ensuring minors processes and the expansion of
receive proper guidance and rehabilitation facilities, as already
reform opportunities. outlined under RA 10630.

● Early intervention is supported by ● Handling minor cases early

international studies that show it prevents larger, more serious
reduces recidivism rates and cases in the future, reducing the
improves outcomes. burden long-term.

● Accountability at a younger age

deters future crimes, improving
7. Argument: Adult criminals will continue overall community safety.
exploiting children

Lowering the age does not solve the 9. Argument: It punishes children unfairly
problem of syndicates using children for for society’s failure
crimes. Adults will just use younger kids or
find new loopholes. Children often turn to crime because of
systemic failures in education, family
Rebuttal Topics: support, and poverty alleviation.
● Push for stricter penalties for
adults who manipulate minors, as Rebuttal Topics:
mandated under RA 7610 and ● Accountability ensures children
other laws protecting children. receive help through rehabilitation
programs while systemic issues
● Monitoring children and holding are addressed simultaneously.
them accountable will make it
harder for syndicates to exploit ● Laws like RA 9344 provide
them. mechanisms to rehabilitate
children while improving social
● Emphasize that a dual programs to tackle poverty and
approach—holding both adults and education gaps.
children accountable—can break
the exploitation chain. ● Ignoring accountability risks
worsening both societal problems
and crime rates.

8. Argument: It overburdens the justice

system
10. Argument: There is no conclusive
Lowering the age will lead to more cases evidence that lowering the age reduces
involving minors, overwhelming the courts crime
and juvenile justice facilities.
Countries that lowered the age of criminal
Rebuttal Topics: responsibility have not shown significant
reductions in juvenile crime rates.
 Rebuttal Topics:
Rebuttal Topics: ● Stress the importance of legal
● The effectiveness depends on reforms that ensure proper
proper implementation, including representation for minors, including
strong rehabilitation and monitoring free legal aid programs.
systems under laws like RA 10630.
● The law can mandate procedural
● International evidence shows that safeguards to protect children’s
early intervention can prevent rights under RA 9344 and related
minors from reoffending. amendments.

● Local statistics on crime recidivism ● Accountability laws will improve the

can be presented to show the need justice system's standards,
for intervention at a younger age.. ensuring children receive both fair
representation and rehabilitation.

11. Argument: It shifts focus away from MORE INFORMATIONS

prevention
1. Jean M. Twenge's study sheds light on
Instead of criminalizing children, efforts how modern generations, particularly
should focus on preventing crime through Millennials and Gen Z, differ significantly
education, poverty alleviation, and support in behavior, values, and attitudes
programs. compared to older generations. Factors
like:
Rebuttal Topics: ● Technology: Increased access to
● Prevention and accountability can the internet and smartphones has
coexist. Ignoring accountability for changed how young people
minors undermines prevention interact, learn, and entertain
efforts. themselves.
● Social Media: Platforms like
● Holding children accountable at 12 Instagram, TikTok, and Snapchat
serves as a deterrent, discouraging have influenced self-expression,
future crimes while enabling peer relationships, and even
support for them. mental health.
● Changing Societal Norms: Modern
● Laws such as RA 9344 already views on issues like gender roles,
integrate preventive programs diversity, and mental health have
alongside accountability. shifted significantly, affecting how
young people see the world and
their place in it.
12. Argument: Children may not receive ● These influences can lead to
fair legal representation behaviors that might seem wilder
or more rebellious compared to
The justice system may fail to provide previous generations, underscoring
adequate legal representation for minors, the need for updated approaches
putting them at a disadvantage. to juvenile justice
Research
 minors aged 15 and below from criminal
2. The Rational Choice Theory of liability
Criminology posits that individuals make [43dcd9a7-70db-4a1f-b0ae-981daa16205
decisions based on a rational cost-benefit 4](https://lawphil.net/judjuris/juri2009/jul20
analysis. For juveniles: 09/gr_182941_2009.html?citationMarker=
● They weigh the potential benefits 43dcd9a7-70db-4a1f-b0ae-981daa162054
(e.g., money, social status) against "1").
the risks (e.g., getting caught,
punished). 2. PNP Records (2016-2019): The
● Choices are influenced by their Philippine National Police (PNP) recorded
environment, peer pressure, and over 12,000 cases involving minors in
perceived opportunities. various criminal activities since 2016.
● Understanding that committing Many of these cases involved minors aged
crimes involves a choice helps 12 and below, who were not held
frame interventions that target criminally liable due to their age
decision-making processes and [43dcd9a7-70db-4a1f-b0ae-981daa16205
situational factors. the benefits 4](https://mb.com.ph/2019/01/23/pnp-reco
outweigh the costs rds-show-more-than-12000-minors-were-i
INFO nvolved-in-crime/?citationMarker=43dcd9a
7-70db-4a1f-b0ae-981daa162054 "1").
3. Age and Criminal Responsibility:
Research indicates that criminal behavior
is not necessarily tied to age. Factors such
as environment, upbringing, and individual
psychology play a significant role in
criminal activities, suggesting that age
alone should not be the determining factor
for criminal responsibility
Crime Info

4. There are alternative approaches to

holding minors accountable without
resorting to incarceration. Programs
focusing on rehabilitation, education, and
community service have shown promise in
addressing juvenile delinquency while
avoiding the negative impacts of
imprisonment
Info

CASES
1. Robert Sierra Case (2000): A
13-year-old boy was accused of raping his
sister and a friend. He was not held
criminally liable due to the Juvenile Justice
and Welfare Act of 2006, which exempts