MANILA, Philippines – The Commission on Human Rights (CHR) announced on Tuesday, June 23, that it had launched a probe into the Tacloban City school shooting incident,

“CHR, through its Regional Office VIII, has deployed a team to conduct a motu proprio investigation into the incident. We remain committed to monitoring the situation to ensure that the rights and dignity of all parties, including the victims, their families, and the suspects, are upheld and protected throughout the legal and restorative processes,” the CHR said.

According to the commission, while an investigation is necessary, it’s also important for authorities to follow the provisions of Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006.

“Local government units, which are mandated to provide community-based interventions and support services for children in conflict with the law (CICL), must ensure that safeguards are fully observed and that said services are accessible in where these children live,” said the CHR.

“Schools, serving as children’s second homes, are mandated to be zones of peace and primary sanctuaries for the realization of the right to education. Any act of violence within these premises is a direct assault on the fundamental rights of children to learn and thrive in a secure, nurturing environment,” it added.

On Monday, June 22, three students were killed, while 11 others were injured, after two minors initiated a fatal shooting inside the San Jose National High School in Barangay San Jose. The suspects — who are CICLs — were identified as a 15-year-old Grade 9 student and a 14-year-old Grade 10 student. 

For the Philippine National Police, lowering the age of criminal responsibility could also be studied.

“As a matter of fact, we studied ‘yung data, ‘yung statistics natin, medyo tumataas ‘yung nai-involve na CICL, ‘yung children in conflict with the law. Titingnan din naman kung may ‘acted with discernment,’” PNP spokesperson Police Colonel Allen Rae Co said in a Palace briefing on Tuesday.

(As a matter of fact, we’ve studied the data, the statistics, and we’re seeing a rise in the involvement of CICLs. We will see if they acted with discernment.)

A minor 15 years old or under is exempt from criminal liability but shall be subjected to an intervention program. Usually, intervention programs include the involvement of authorities, such as the barangay or the Department of Social Welfare and Development.

For minors over 15 years old but under 18, “discernment” comes in. Under the juvenile justice law, a minor who falls in this age bracket is exempt from both criminal liability and an intervention program, “unless he/she has acted with discernment.”

If the child is proven to have acted with discernment, “such child shall be subjected to the appropriate proceedings in accordance” with the juvenile law.

For the CHR, the implementation of child protection laws should be audited, and mental health and guidance counseling services must be made accessible “in ways that do not expose students to stigma or discrimination.”

“We stress that children remain among the most vulnerable sectors of society because of their ongoing development and dependence on adults for care, protection, and support. They must be treated with appropriate legal, social, and psychological safeguards, always guided by the best interests of the child,” the CHR added. – Rappler.com