Can minors who commit crimes be jailed?

This has become the talk of the town once more after the tragic school shooting in Tacloban City that killed three and injured 11 others on Monday, June 22.

The culprits are both minors: a 15-year-old Grade 9 student and a 14-year-old Grade 10 learner.

But what do the laws say, specifically Republic Act (RA) No. 9344 or Juvenile Justice and Welfare Act of 2006, as amended by RA No. 10630?

Minors can still be liable

If you think minors who commit crimes or children in conflict with the law (CICL) are exempt from punishment, you are mistaken.

The juvenile justice law’s section 6 states that a child 15 years old or below who commits a crime is exempt from criminal liability. Criminal liability usually carries the penalty of imprisonment and/or fines.

However, exemption from criminal liability does not mean the CICL will not be punished.

The CICL will still be subjected to an intervention program under the law’s section 20: “The child shall be subjected to a community-based intervention program supervised by the local social welfare and development officer, unless the best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’ (House of Hope) managed by LGUs (local government units) or licensed and/or accredited NGOs monitored by the DSWD (Department of Social Welfare and Development).”

So, even though the child will not be punished through the usual means like detention, he/she will still be held accountable in a different manner by the DSWD or related agencies.

For minors above 12 years old but below 15 who commit grave offenses like murder, kidnapping, rape, robbery, or related allegations, he/she “shall be mandatorily placed in a special facility within the youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and Support Center.”

This is under RA No. 10630’s Section 20-A.

How about those with discernment?

Generally, CICLs above 15 years but below 18 are exempt from criminal liability and will be subjected to an intervention program. However, this won’t apply to those who acted with discernment or were aware of what they did.

The Supreme Court (SC) defined discernment in 2024 as the “capacity of the child at the time of the commission of the offense to understand the difference between right and wrong and the consequences of the wrongful act.”

And under the law, it’s the social worker who will conduct the initial assessment to determine the appropriate interventions and whether the child acted with discernment, based on the discernment guidelines approved by the SC.

If authorities find that the minor acted with discernment, he/she will proceed to diversion.

Under the law’s section 23, diversion includes:

• If the penalty for the crime is not more than six years: Mediation, family conferencing and conciliation led by the punong barangay (barangay captain) or a law enforcement officer, with the assistance of a local social welfare and development officer.
• In victimless crimes where the penalty is not more than six years: The local social welfare officer will meet with the CICL and parents for appropriate diversion and rehabilitation program.
• If the penalty is beyond six years: Diversion may be resorted to only by the court.

When will a complaint or case be filed?

Under the law’s section 33, the prosecution can proceed to preliminary investigation where it will decide whether to file a case against a CICL if:

• The CICL is not qualified for diversion
• The guardians or parents did not agree to diversion
• If the prosecutor determines that diversion is not appropriate for the CICL

If the prosecutor finds enough evidence and is certain that the case will lead to conviction, the prosecutor’s office will file the case before a family court. Family courts, empowered by RA No. 8369, are special tribunals that handle special cases involving minors, petitions on guardianship, and adoption, among others.

So, in the Tacloban City case, the 14-year-old will undergo intervention program, while the 15-year-old who was found to have acted with discernment will face murder and frustrated murder cases, according to the Department of the Interior and Local Government.

What happens to the minor during trial?

Like any other accused, minors may post bail for temporary freedom if the offense is bailable.

If possible, detention may also be replaced by other interventions “such as close supervision, intensive care or placement with a family or in an educational setting or home.”

“Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where the child resides,” the law says.

“In the absence of a youth detention home, the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the court. The center or agency concerned shall be responsible for the child’s appearance in court whenever required,” it added.

Is it ideal to lower the criminal age of responsibility?

Following the Tacloban shooting incident, Senator Robin Padilla – an ally of former president Rodrigo Duterte – suggested that the lowering of criminal age of responsibility must be considered by the Senate.

The Philippine National Police (PNP) also expressed support for reducing the minimum age of criminal responsibility.

But for rights group Amnesty International Philippines, lowering the age of criminal liability is not the solution to violence involving CICLs. The group explained that the punishment against CICL is different from adults for a reason.

“This tragedy must not be exploited to revive failed and dangerous proposals to lower the minimum age of criminal responsibility or further weaken the Juvenile Justice and Welfare Act. Such knee-jerk reactions fail to address the root causes of harm and places more children at risk,” said Ritz Lee Santos III, section director of Amnesty International.

“Exposing children to harsher punishment does not prevent them from committing crimes but it can only further harm and increase the likelihood of reoffending. Thus, lowering the age of criminal responsibility does not address the vulnerability of children to violence, nor will it prevent guns or knives from ending up in the hands of minors. When governments respond to social harm only through punishment, only the poor and vulnerable children are affected in most cases,” Santos added.

According to criminology professor Raymund Narag, juvenile justice literature shows that most CICLs eventually desist from doing crimes and move on with their lives, later gain employment, and even build their own families.

PNP Crime Information, Reporting and Analysis System data published by the Juvenile Justice and Welfare Council also reveal a downward trend in cases involving CICL.

“Rather than lowering the age of criminal responsibility across the board, Congress should consider amending Section 20-A. A revised Section 20-A could create a distinct procedure for extraordinarily violent crimes committed with demonstrable discernment,” Narag said. – Rappler.com