Should Philippine Minors with Heinous Crimes Be Tried as Adults?
A tragic incident shocked the nation when a senior high student at Ateneo de Davao was stabbed 38 times by two minor suspects during a burglary gone wrong. This horrific crime raises critical questions about the effectiveness of RA 9344 (Juvenile Justice and Welfare Act of 2006) and whether there should be exceptions for heinous crimes committed by minors.
What is RA 9344?
Enacted in 2006 and amended in 2013 by RA 10630, RA 9344 established a child-sensitive justice system that focuses on restorative justice, diversion programs, and rehabilitation for minors in conflict with the law (CICL).
- Age of criminal responsibility raised to 15
- Ages 15–18 may only be held criminally liable if they acted with discernment
- Emphasis on non-detention measures and social programs rather than incarceration
Ateneo de Davao student stabbing: Two minors broke in, panicked, and committed extreme violence during an attempted robbery, should this fall under “rehabilitate” or “adult trial”?
The Maguad Siblings Murder: In 2021, a 16-year-old adopted girl and another minor killed two siblings. They were convicted and sentenced to 22–37 years imprisonment—treated more like adult offenders .
These cases highlight inconsistencies in applying RA 9344, sometimes minors face harsh consequences, other times they benefit from lighter restorative measures.
United States: Many states allow waiver hearings, enabling minors (often 14+) to be tried as adults for serious crimes like murder and rape. Supreme Court rulings (Miller v. Alabama) prohibit mandatory life sentences for juveniles, but judges can consider age before sentencing.
New Mexico (US): A case involving an 11-year-old in a fatal hit-and-run resulted in prosecutors seeking adult charges for the 15-year-old driver in the vehicle .
Data & Outcomes
- Recidivism studies show some minors reoffend after rehabilitation, pointing to gaps in aftercare and program funding.
- No nationwide tracking exists regarding how many minors have been diverted vs. formally charged since RA 9344—making data-driven assessment difficult.
- No recidivism comparison exists between pre-RA 9344 juvenile justice (under PD 603) and current system—though anecdotal evidence suggests repeat offenses persist.
While rehabilitation is vital, not all juvenile crimes are equal. Heinous acts like mass stabbing or murder should warrant adult-level trials, clear consequences, and sentencing that reflects the gravity of the crime. This ensures public safety, justice for victims, and discourages copycat offenses.
Policy Suggestions
- Amend RA 9344 to allow discretionary waiver hearings for heinous crimes
- Strengthen rehabilitation with mental health, education, and long-term supervision
- Create a public data registry tracking juvenile crime, outcomes, and recidivism
- Benchmark against US and international best practices for youth tried as adults
What do you think? Should minors who commit violent crime be tried as adults?
🔁 Share your thoughts below and tag officials/policymakers who should see this.
“Justice demands more than mercy, it calls for fairness tailored to the crime, regardless of age.”
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Karen Kheaye 
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