eng - World Organisation Against Torture

II. DEFINITION OF THE CHILDThe Family Code of the Philippines wasamended by Republic Act (RA) No. 6809,which lowered the age of majority from 21 to18 years old. Article 234 of the respectiveAct specifies that majority is acquired at theage of 18 with the termination of the parentalauthority over the child. Hence the CRC appliesto 42,6% of the Filipino population, inother words 32,1 million Filipino children. 8The minimum age of criminal responsibilityis stipulated in Article 12 paragraph 2 of thePenal Code in which a person under nineyears of age is exempted from criminal liability.The criminal responsibility age is tobe changed from 9 to 12 years by section 7of the proposed Comprehensive Juvenile Bill1402 authored by Senator FrancisPangilinan. 9 (see section 5.1.1.)For purposes of criminal procedures,Presidential Decree (PD) No. 1179 definesa young offender as a person over 9 but under18 years old at the time of committing theoffence.8 - http://www.cwc.gov.ph/documents/population_size_by_sex.xls.9 - Similarly to Article 12, Section 7 stipulates that criminal responsibilityis also exempted for a child above 12 years butbelow 15 years of age, unless (s)he has acted with discernment.10In accordance with its obligations underthe ILO Convention No. 138 on theMinimum Age For Admission toEmployment (hereafter the ILO ConventionNo. 138) ratified by the Philippines in 1998,RA No. 7658 prohibits public and privateemployment of a child below the age of 15provided that the employment does not endangerthe child’s safety, health, morals orimpair his or her normal development.However, there are two exceptions to the minimumage employment; (1) the situation inwhich the child works directly under the soleresponsibility of the parent/ guardian, or (2)in case of a child’s necessary participationin public entertainment or informationthrough cinema, theatre, radio or television.The constitution provides for free compulsoryprimary education and free secondaryeducation for all citizens. The compulsoryschooling age is 6 years old set byDepartment of Education (Order No. 65).OMCT welcomes the awareness by the governmentof the Philippines of the complexityand arbitrariness of the definition of the rightsof the child in its legislation.