The Criminal Liability of a 14-Year Old Drug Pusher

As reported in the late news program of the local channel this week, a 14-year old girl was arrested in the Queen City of the South or Cebu City for allegedly selling an illegal drug Methamphetamine Hydrochloride or locally known as SHABU.

This image was taken from google.com

Perhaps, some of the readers would raise their eye brows in reading this post but it is absolutely true.  As young as 14 years old was already engaged in the selling of illegal drug.

According to Republic Act No. 9165 or the "Comprehensive Dangerous Drugs Act of 2002" specifically section 5 hereof which states:

"The penalty of life imprisonment to death and a fine ranging from Five Hundred Thousand (P500,000.00) Pesos to Ten Million (P10,000,000.00) Pesos shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any such transactions."

From the provision of the R.A. 9165 quoted above, the arrested minor would be charged thereof.  Considering of her age, she would be dealt in accordance with the provisions of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006".

Section 6 of R.A. No. 9344 provides:

"Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws."

Considering that the arrested minor was just only 14 years old at the time she was arrested allegedly selling illegal drug, she is exempt from any criminal liability therefor.  She would not be charged with Section 5 of R.A. 9165 due to her age.

She shall be discharged in accordance with Section 20 of R.A. No. 9344 as follows:

 

"Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code". "