Santiago files bill making parents liable for kids' criminal acts

[Monseratto]

Senator Miriam Santiago files bill making parents liable for kids' criminal acts | Sun.Star

Friday, January 27, 2012

SENATOR Miriam Defensor-Santiago has filed a bill that will make parents liable for damages when their children commit crimes.

Santiago said the measure is intended to "involve parents in their children's lives, encourage improved parental control over children and decrease youth crime."

Under her Parental Liability bill, parents or guardians of minors who steal or cause injury may be made to pay fines of from P50,000 to P100,000.

Among the acts that parents the bill will hold liable for are "the malicious and willful" injury to people or property, theft, exploiting another minor "such as for begging and other acts which are inimical to his interest and welfare," and possession of deadly weapons.

Damages will be limited to actual damages, "actual damages, judicial costs, and payment of interests from date of judgment."

"Because they have the primary right to rear their children in the manner they see fit, parents should also be held responsible for malicious acts committed by their children," the senator said in the explanatory note to her bill.

Under the Juvenile Justice and Welfare Act, children below 15 years old who break the law are automatically immune from criminal charges.

Instead, they are supposed to undergo an intervention program with barangay officials or the Department of Social Welfare and Development. Minors older than 15 but below 18 are also exempt from criminal liability unless they knew they were breaking the law but committed the act anyway. If done with discernment, the minor will be put in a diversion program. If his parents do not agree to the diversion, and the offense is punishable with more than six years in prison, "the case shall be filed according to the regular process."

"Since the offenders are not arrested nor charged in courts, it is believed that the element of accountability is sorely lacking, to the detriment of victims of such crimes," Santiago said.

She cited similar laws in Arizona, California, Idaho, Maryland, Missouri, and Oklahoma that hold parents liable for damages or fine them automatically if their children damage property or commit crimes.

Santiago said parents will spend more time and effort in watching over their children "when they are fully aware that they will be held personally accountable for their children's actions."

The bill has a counterpart measure at the House of Representatives filed by Cagayan de Oro Representative Rufus Rodriguez and Abante Mindanao party-list Representative Maximo Rodriguez. The bills are pending at the committees on justice of both chambers.

Santiago is also pushing legislation that will task the government with promoting continued education among the youth and highlighting the "decreased likelihood of incarceration for youth who continue to pursue education." (Jonathan de Santos/Sunnex)

[niky]

That's not a bad idea, actually. Gives them more incentive to watch their kids.

[meledson]

dapat lang. as minors, responsibility sila ng mga magulang nila.

[vinj]

That makes much, much more sense than a hare brained anti planking bill.

[Stoner]

Much better as well than the approved bill in Congress that exempts bail on those belonging to the lower economic strata (Heaven help us).

[niwde11]

at kung walang pambayad ang magulang de pag community service sa government.

[Mannyx]

I agree with this. Syndicates are using minors to commit crimes since there is no jailtime and penalty for minors. Dapat iapply din yan sa mga out of school youth and children beggars.

[CoDer]

So pwede na rin palang ipa gulpe yung mga magulang ngayon.

[chua_riwap]

sayang, di na minor si ivler..........

[Monseratto]

anti-poor, binibigyan ng responsilidad mga tamad...