By Danilo P. Padua, PhD
Its straight out of a horror movie, patterned after numerous real- life school shooting rampage in the United States. Three dead and more than 20 injured, countless traumatized students, teachers, officials, neighbors, community-at-large!
The effect of the recent shooting at the San Jose National High School in Tacloban city was felt nationwide. Its really horrific, to put it mildly. Watching just part of the video in news report of what happened was heartbreaking; it got me very sick.
What made things really even disconcerting was the aborted massacre that could have duplicated what had happened, within just a few days, in another Leyte institute of learning, the Tolosa National High School.
Fortunately, the suspect, a 14 y.o. female student, posted in her FB accounts, what she was contemplating to do. Those posts, were relayed to Sen Bam Aquino who in turn, alerted SILG Jonvic Remulla who acted posthaste, resulting in the arrest of the student a day before the supposed act was to have been committed. The girl was found to have personal and family issues.
Greatly distressing it was, but the Tacloban city tragedy produced some heroes. A student selflessly sacrificing himself just to save others; teachers maintaining composure to guide students to safety, a non-uniformed BFP personnel grappling with a suspect that led to his capture, a homeowner allowing a horde of students into her house to comfort and keep them safe, and many more. These somehow eased some pains.
But questions are aplenty. Will the 2 suspects, aged 14 and 15, be absolved of their crime because they are minors and shielded by R.A. 9344 (Juvenile Justice and Welfare Act).
According to JJWA, a criminal offender below 15 years of age have no criminal liability. They are only subjected to an intervention program. They maybe freed upon reaching the age of accountability. When the minor, aged 12-15, commits a serious crime such as murder, rape, kidnapping, destructive arson, serious offenses related to the Dangerous Drugs Act, they are merely placed in a special facility within a Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center.
The JJWA may have noble intention- but only for the minor offender. What about the many, including their families, who could have been killed or lost everything thru arson, or maimed the only bread winner of a family of 5 little children? What will happen to them?
JJWA must be revised. If we note the FB post of the would-be 14 y.o. offender in Tolosa, we see that the girl knows what she was supposed to inflict to as many students as possible. She is therefore within the age of accountability, yet she could have been considered as non-criminal!
Look at part of what she posted: “Be prepared for whoever gets shot or stabbed. We dont care.” What is chilling is that she used the word “WE”. So she could have had some co-perpetrators who maybe all below 15 years of age. It is appalling to think how many they could have mowed down. Yet they would have been held non-criminal offender. This is all speculative now, but the scenario could have happened.
Maybe we take a page or two from the Jewish people. Since the olden times, 13 years old was already considered as the age of accountability. So, a person is already fully accountable for his/her actions starting at that age; whatever crimes they commit, they are liable for it. To say that we are more humane than the Jewish people who have much, much, much longer years of civilized society than us, is to say that we have jaundiced eyes in this aspect.
The intervention for children should be before they may be thinking of committing criminal act. A law therefore must be crafted taking this into consideration. The present JJWA however may still be useful but must be amended to better serve the youngsters, families, communities, and even the government.
By the way, present tragedy in Tacloban had shown other things that lawmakers should take into account. One of the guns used has a duplicate serial number elsewhere as found by the PNP. Gun owners don t care enough but where their guns are stored in a safe place. There maybe no fitting laws to pin the rightful blame on, of such criminal acts by minors.
It is often said that it takes a whole village to raise a child. Our leaders should never brag about killing someone at the age of 16 or say kill, kill, kill. Or say cuss words at will even on television. All of these can contribute to a warped mind of a minor.
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