To Pamper or to Punish

EDITORIAL
Author:Vicente III A. Recla
Copyeditor:Geoanna L. Boloso
Cartoonist:Mikaella C. Daguro
To Pamper or to Punish

A student leader, academic achiever, student journalist, and an incoming UP Diliman freshman had a bright and long future ahead of her. Unfair as it may be, her dreams end right inside her home, in her own pool of blood. Even more unfair is how her underage offenders might be exempt from criminal charges.


Right inside her bedroom, 19-year-old Sophia Marie Coquilla was found dead, sustaining 38 stab wounds in Tagum City, Davao del Norte. Four people were responsible for the robbery-homicide, consisting of the alleged adult leader “Roy-Roy” and three other minors aged 14, 15, and 17 years old. This has sparked discussions on how the suspects’ age may be a hindrance to attaining justice and imposing accountability. Davao del Norte Police Provincial Office Women and Child Protection Desk (WCPD) officer Manor Anjanette Tirador explained that the 14-year-old suspect might be exempted from criminal responsibility, following Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, which states that Children In-Conflict with the Law (CICL) aged 15 and below are “exempt from criminal liability.” Additionally, the other two underage suspects might also be exempted if they are found to have acted without discernment—that is, lacking the ability to judge and understand what is right and wrong. This calls for our attention to reform the Philippine juvenile justice system, especially to address heinous crimes.


It is important to determine whether the CICL acted with discernment. However, this section of the law must not hinder proper legal repercussions for underage perpetrators, especially in cases involving brutal and grave crimes. This part of our juvenile justice system may result in unreasonably lenient convictions. Minor perpetrators of heinous crimes who ought to undergo stricter legal proceedings might only be subjected to intervention programs. This emphasizes the need for changes in our system.


Robbery and homicide are heinous crimes. For context, Article 294 of the Revised Penal Code punishes the suspect guilty of the crime with reclusion perpetua (a prison sentence of at least 30 years) to death (now life imprisonment). The sheer number of stab wounds on the victim highlights the brutality of this particular case even more. Thus, it is only right that the suspects be punished accordingly. However, with the current juvenile justice system, the underage perpetrators might not receive proper legal punishment. It is good that the system values rehabilitation and reintegration of CICL. But when it comes to heinous crimes, there is a need for balance between rehabilitation and punishment, as accountability is equally important.


Justice is the goal. To serve justice is to consider legal and ethical principles of fairness, impartiality, and accountability and make up for the wrongdoings, compensate victims, and hold the violators responsible. Thus, for crimes such as taking others’ lives, perpetrators must be rightfully punished to serve justice to the victims and their mourning families. The proper punishment of all the perpetrators of Coquilla's murder, regardless of their ages, will serve as an affirmation of the value of her life and bright future.


Children in conflict with the law have their rights, but so do their victims. Something is wrong, and something ought to change if CICL charged with heinous crimes are more protected by the law than their victims.


Coquilla's death has truly sparked the question of fairness and efficacy of our country's juvenile justice system. Though safeguarding minors from exploitation and promoting rehabilitation are vital, they must not overshadow the importance of accountability, especially when the crime is grave. We must reform our legal system so that age is not a hindrance to serving our desired justice. We must amend our judicial system so that the rights of the victims and the accused are equally respected. Only then can we honor all the lost lives of the tragic victims of heinous juvenile crimes.