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MANILA, Philippines — The June 22 school shooting in Tacloban City, which left three dead and 20 injured, has put the spotlight on the country’s juvenile justice law.
The discussion on the criminal liability of minors arose as authorities investigated the shooting, where the suspects were aged 14 and 15. Three people were confirmed dead, while 20 others were injured.
The question now being asked is: Can minors be criminally liable if they commit unlawful acts?
Minors aged 15 to below 18
Under Republic Act 9344, or the Juvenile Justice and Welfare Act, a child above 15 years old but below 18 may be exempt from criminal liability unless the child acted with discernment.
If discernment is found, the child will be subjected to the appropriate proceedings under the law.
What is discernment? Discernment is defined under the Supreme Court’s Revised Rule on Children in Conflict with the Law.
In several rulings, the Supreme Court has referred to discernment as “the mental capacity of a minor to fully appreciate the consequences of his or her unlawful act.” It is determined by considering the facts of each case.
The discernment of a child in conflict with the law is initially assessed by a social worker, but the final determination belongs to the court.
Under the Supreme Court’s Revised Rule on Children in Conflict with the Law, discernment refers to the capacity of a child, at the time of the offense, to understand the difference between right and wrong and the consequences of the wrongful act.
The rule states that a social worker’s assessment is merely evidentiary and is not binding on the court. The court ultimately determines discernment based on its appreciation of all facts and circumstances in each case.
The rule also states that there is no presumption that a minor acted with discernment. The prosecution must specifically prove, as a separate circumstance, that the alleged crime was committed with discernment.
For a minor in this age bracket to be criminally liable, the prosecution must prove beyond reasonable doubt, through direct or circumstantial evidence, that the child acted with discernment.
In determining discernment, courts consider the totality of facts and circumstances in each case.
These may include:
- the minor’s appearance, attitude, comportment and behavior before, during and after the offense;
- the nature of the crime;
- the minor’s alleged cunning or shrewdness;
- utterances and overt acts;
- the weapon used;
- attempts to silence a witness; and
- any disposal or concealment of evidence.
Minors below 15
A child 15 years old or below at the time of the offense is exempt from criminal liability. In such cases, the child will be subjected to an intervention program.
For children above 12 up to 15 who commit serious crimes, however, the law mandates placement in a special facility within a Bahay Pag-asa called the Intensive Juvenile Intervention and Support Center.
Under the amended Juvenile Justice and Welfare Act, these "serious crimes" include:
- parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped
- robbery with homicide or rape
- destructive arson
- rape, carnapping where the driver or occupant is killed or raped, and
- offenses under Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, punishable by more than 12 years of imprisonment.
A child in this category is deemed a neglected child under Presidential Decree 603 and must be placed in an Intensive Juvenile Intervention and Support Center.
Can the minors be imprisoned?
Under the law, a child found guilty of an offense will automatically have the sentence suspended without needing to apply for it, as long as the child was below 18 when the offense was committed.
Instead of immediately imposing a judgment of conviction, the court first determines any civil liability and then places the child in conflict with the law under a suspended sentence.
This does not mean that the child will automatically be sent to prison upon reaching legal age.
Section 39 of the law provides that if the child reaches legal age, the court may dismiss the case and order the final discharge of the youth offender under a suspended sentence once a supervising social worker confirms that the objectives of the rehabilitation program have been met.
The dismissal clears the child’s criminal liability. It does not erase civil liability or financial damages owed to victims.
If the child fails to comply with the rehabilitation program or willfully violates its conditions, the child may be brought back to court for the execution of the original judgment.
If the offender turns 18 while still under a suspended sentence, the court must determine whether to discharge the person, order the service of the sentence or extend the suspended sentence until the person reaches 21.
