DSWD: Tacloban school shooter, 15, acted with discernment

MANILA – Social workers relayed to Department of Social Welfare and Development (DSWD) Secretary Rex Gatchalian that the 15-year-old offender involved in the tragic school shooting incident in Tacloban City, Leyte acted with discernment.

Gatchalian explained that acting with discernment means awareness of right and wrong.

“You planned it, you tried to hide it, you know the concept of right or wrong or you know the consequences,” Gatchalian said in a media interview.

However, the DSWD will still wait for the official results of the psychological evaluation conducted on both the 15-year-old and his companion, aged 14, who are both under the custody of the Regional Rehabilitation Center for Youth in Tacloban City.

Three fellow students died, also aged 14 and 15, during the shooting at San Jose National High School on June 22.

“Nakasaad sa batas, kapag ikaw ay 15 years old plus one day hanggang sa 18 years old, meron kang criminal liability kapag may discernment ka. Ngayon kapag na-determine na may discernment ka, meron kang criminal liability na sampahan ka ng kaso (Under the law, if you are 15 years old plus one day up to 18 years old, you have a criminal liability if you acted with discernment. If it is determined that you have discernment, you have a criminal liability and a case will be filed against you),” Gatchalian said.

Gatchalian said social workers are continuously conducting trust-building interventions to make the children comfortable enough to eventually disclose vital information.

“The two minors are strictly monitored and are far from free as they are kept in separate rooms isolated from other CICL (children in conflict with the law) inside the rehabilitation facility. They are also prohibited from receiving visits or having any connection with their parents at this time,” Gatchalian said.

He said the DSWD is willing to participate in discussions on proposed amendments to Republic Act 9344, or the Juvenile Justice Welfare Act, particularly regarding the minimum age for criminal responsibility.

“Kasi nag-iba na ‘yung mundo, nung hinubog ‘yung batas, iba na rin ngayon. Meron na rin social media, may iba’t iba nang mga aspeto pero (The world is no different since the law as enacted. There’s social media now, there are also various aspects, but) we’re open to listening and to joining the dialogue,” Gatchalian said.

Recognizing proposals to increase penalties for parents who neglect their children, DSWD spokesperson Assistant Secretary Irene Dumlao said in a televised interview that the family and community should be viewed holistically, rather than just placing isolated blame.

“We understand na magkakaiba kasi ‘yung reason kung bakit may mga children, may mga anak na napapabayaan, na hindi naaasikaso ng kanyang mga magulang. Pwedeng poverty, pwedeng access to services, essential services, maybe ‘yung family ay dysfunctional, may mga (that there are reasons why the children are in conflict with the law. They may have been neglected or lacked attention from their parents. It could also be poverty, or the lack of access to essential services, or maybe they have a dysfunctional family, they have) vulnerabilities,” Dumlao said.

“May mga certain risks na kinakaharap sila so mahalaga kasi na that we understand kung ano ‘yung programa, ano ‘yung root cause, ng problema ng isang pamilya so that we could determine, ano ‘yung specific intervention kasi magkaka-iba po sila ng kinakaharap (They are facing certain risks, that’s why it’s important to understand the root cause of the problem of the family so that we could determine the specific intervention, because they are facing different problems).”

Dumlao also emphasized the need to properly assess the negative impacts of certain online platforms on minors.

“Maybe that is something that we really need to look into and pag aralan kung ano ‘yung mga dapat lang nilang ma-access (and study what they can only access), because there are certain platforms that are advantageous, marami silang natututunan din gamit ang internet (they also learn a lot using the internet),” she said.

— Jose Cielito Reganit (PNA)