Yes. In the Philippines, a minor can be referred to the Department of Social Welfare and Development (DSWD), or to the local social welfare and development office (LSWDO/MSWDO/CSWDO), in cases involving bullying, physical assault, or related violent behavior. But the referral is not the same as criminal punishment in the way adults are punished. The legal response depends mainly on the child’s age, the nature of the act, the school setting, the extent of injury, and whether the child is considered a child in conflict with the law or a child at risk.

In Philippine law, cases involving minors are handled through a framework that combines child protection, school discipline, restorative intervention, parental responsibility, and, in some situations, juvenile justice procedures. DSWD involvement is therefore possible and often appropriate, but it does not automatically mean detention, filing of a criminal case, or removal from the family home.

I. The short legal answer

A minor may be referred to DSWD or the local social welfare office when:

the minor committed acts that may amount to physical injuries, assault, threats, coercion, or other offenses;
the conduct is connected with bullying, including repeated violence, intimidation, humiliation, or retaliation;
the child needs intervention, counseling, case study, diversion, family assessment, or protective supervision;
the child is below or within the age brackets covered by the juvenile justice system;
the school, barangay, police, prosecutor, or family determines that social work intervention is necessary.

In practice, referral to the local social welfare office is very common, and DSWD may become involved directly or through coordination, especially in more serious or escalated cases.

II. Why DSWD becomes involved

DSWD and local social welfare offices are not only for abused or abandoned children. They also handle cases where a child has:

committed an act that would be an offense if done by an adult;
become involved in violent incidents;
shown behavior suggesting neglect, abuse, trauma, poor supervision, or other social risks;
needed rehabilitation or intervention rather than purely punitive treatment.

So when a child commits bullying or physically attacks another child, the response is not limited to “school discipline” or “police blotter.” The law often pushes authorities to ask:

Is this child a victim too, or exposed to violence at home?
Does the child need counseling or psychiatric referral?
Should the family be assessed?
Is this a case for diversion?
Is the child criminally exempt because of age?
Is the child still subject to intervention measures?

Those are the kinds of questions social workers handle.

III. The key laws in the Philippines

Several laws and rules interact in this topic.

1. The Anti-Bullying Act of 2013

This law requires schools to address bullying, including acts done:

on school grounds,
at school-sponsored activities,
through technology when school-related,
and other settings with a sufficient link to the school environment.

Bullying includes physical acts, verbal abuse, social/relational aggression, and cyber-related conduct. If the conduct includes hitting, punching, slapping, kicking, pushing, choking, or other physical aggression, the school must act under its anti-bullying policy.

This law is mainly about school duties and student protection, but serious incidents may overlap with criminal law and child welfare law.

2. Republic Act No. 9344, as amended by RA 10630

This is the Juvenile Justice and Welfare Act. It is central to the question.

It governs children in conflict with the law, meaning children alleged as, accused of, or adjudged as having committed an offense under Philippine law.

It emphasizes:

best interests of the child,
restorative justice,
diversion instead of formal court proceedings where proper,
social worker intervention,
and different treatment depending on age.

3. The Revised Penal Code and special laws

Physical assault by a minor may correspond to offenses such as:

slight physical injuries,
less serious physical injuries,
serious physical injuries,
grave threats,
unjust vexation,
coercion,
or, in extreme cases, more serious offenses.

A child can commit acts that fit these offenses, but how the child is processed depends on juvenile justice law.

4. Family Code provisions on parental authority and liability

Parents generally exercise authority and supervision over their unemancipated children. Even if the child is the direct actor, the matter can trigger questions of:

parental supervision,
civil liability,
school liability in certain settings,
and intervention measures involving the family.

5. Child protection and school regulations

Schools are required to protect children from violence and bullying. A school cannot simply dismiss violent bullying as “kids being kids,” especially if there are injuries, repeat incidents, or power imbalance.

IV. Age matters most

The first thing lawyers, police, social workers, and schools should determine is the child’s age.

A. Child 15 years old or below

A child who is 15 or below at the time of the commission of the act is generally exempt from criminal liability under the Juvenile Justice and Welfare Act.

That does not mean nothing happens.

The child may still be subjected to:

intervention programs,
family counseling,
case study,
psychological assessment,
school disciplinary measures consistent with law,
monitoring by social welfare officers,
restorative processes,
and protective or rehabilitative services.

So yes, a 15-year-old or younger child who physically assaults or bullies another child can absolutely be referred to DSWD/social welfare, but not for ordinary adult-style criminal punishment.

B. Child above 15 but below 18

A child above 15 but below 18 is treated differently.

If the child acted without discernment, the child is likewise exempt from criminal liability, but may still undergo intervention.

If the child acted with discernment, the child may be processed under the juvenile justice system, which can include:

turnover to a social worker,
case study report,
diversion proceedings,
possible filing of charges if diversion fails or is unavailable,
and court-supervised rehabilitation measures.

Discernment means more than mere intention. It refers to an understanding of the wrongfulness of the act and its consequences, shown by the circumstances before, during, and after the incident.

V. What “referred to DSWD” usually means in real terms

People often think “DSWD referral” means the child will be taken away immediately. That is not how it usually works.

Referral may mean any of the following:

1. Social case assessment

A social worker interviews:

the minor,
the parents or guardians,
the victim,
sometimes teachers or witnesses.

The social worker prepares a social case study report or similar assessment.

2. Intervention plan

This may include:

counseling,
anger management,
behavioral monitoring,
family conferences,
parenting sessions,
school coordination,
psychiatric or psychological referral,
community-based rehabilitation,
and follow-up reporting.

3. Diversion

If the case falls within the juvenile justice framework, the child may undergo diversion. This is a legally recognized alternative to court proceedings.

Diversion measures may include:

written or oral apology,
restitution or reparation where appropriate,
counseling,
attendance in training or education programs,
participation in community-based programs,
good behavior commitments,
supervision by parents or guardians,
referral to community services.

4. Protective custody or temporary shelter in some cases

This is not automatic. It is generally used when:

the child has no suitable home environment,
the parents refuse supervision,
the child is at risk,
or safety and welfare require temporary placement.

5. Coordination with police, barangay, and school

In serious cases, DSWD/social welfare coordinates with:

the PNP Women and Children Protection Desk,
barangay officials,
prosecutors,
the school administration,
and the parents of both parties.

VI. Bullying versus criminal assault: they can overlap

A common mistake is to treat bullying and assault as mutually exclusive categories.

They are not.

A single event may be:

bullying under school policy and the Anti-Bullying Act, and
physical injuries or another offense under criminal law, and
a matter requiring child welfare intervention.

Example: A 14-year-old repeatedly corners a classmate, punches him, posts videos online, and threatens him not to report the incident. That may involve:

bullying,
physical injuries,
threats,
school discipline,
child protection concerns,
and social welfare intervention.

So the answer is not “school issue only” or “criminal issue only.” It can be both, but handled through child-sensitive legal procedures.

VII. Can the victim’s family go to the police?

Yes. The victim’s family may report the matter to:

the school,
the barangay,
the police,
the Women and Children Protection Desk,
or the local social welfare office.

Once police learn that the alleged offender is a minor, the procedures under juvenile justice law should apply.

For that reason, police do not simply treat the child as an adult suspect. The law requires special handling, and social welfare authorities are expected to be involved.

VIII. Can a barangay handle it first?

Sometimes yes, but not always adequately.

For minor, first-level disputes, barangay officials may attempt to de-escalate or mediate certain aspects, especially among families. But where there is:

serious injury,
repeated bullying,
dangerous weapons,
sexual elements,
extortion,
severe threats,
or substantial psychological harm,

the matter should not be trivialized as a simple neighborhood quarrel.

Also, where the alleged offender is a child, referral to a social worker is often more legally appropriate than informal barangay pressure alone.

IX. The role of the school

If the incident is school-related, the school has an independent obligation to act.

Schools should:

protect the victim,
investigate promptly,
document the incident,
notify parents,
apply the anti-bullying policy,
prevent retaliation,
and make referrals where necessary.

Where the offender is a minor, the school may coordinate with:

guidance counselors,
child protection committees,
social workers,
and, if warranted, police or DSWD/LSWDO.

A school should not ignore physical violence simply because the offender is also a child. Nor should it automatically expel or publicly shame the child without due process and child-sensitive handling.

X. Is the child “criminally charged” if referred to DSWD?

Not necessarily.

A DSWD or social welfare referral may happen:

before any formal complaint,
during police handling,
during diversion,
or even without filing a court case.

Referral is often part of the effort to determine whether the child is:

exempt from criminal liability,
eligible for diversion,
in need of intervention,
or in need of protective services.

So referral is not proof that a criminal case has been filed.

XI. If the child is below 15, can the case still proceed somehow?

Yes, but in a different form.

The child is generally exempt from criminal liability, yet the case may still proceed in terms of:

social welfare intervention,
documentation,
school discipline,
protection of the victim,
family intervention,
possible civil liability issues,
and rehabilitation or monitoring.

This matters because some families are told, incorrectly, that “nothing can be done because the offender is a minor.” That is false. The law simply shifts the response away from ordinary criminal punishment and toward intervention.

XII. If the child is 16 or 17, what is “discernment” and why is it crucial?

Discernment is one of the most litigated issues in juvenile cases involving minors above 15 but below 18.

Authorities look at whether the child seemed to understand:

that the act was wrong,
its effects on the victim,
and the consequences.

Evidence of discernment may be inferred from circumstances such as:

planning or luring the victim,
repeated attacks,
concealment,
fleeing,
deleting evidence,
intimidating witnesses,
boasting about the act,
or attempts to avoid detection.

Not every fight proves discernment. Not every impulsive school altercation does either. But sustained bullying, coordinated group assault, or retaliatory violence may strongly support a finding of discernment.

If discernment exists, the child may enter formal juvenile proceedings, though still with strong protections and preference for diversion where allowed.

XIII. What happens during police handling of a minor?

When the alleged offender is a child, authorities should observe child-sensitive procedures. Broadly, the process may include:

age verification,
immediate notification of parents or guardians,
coordination with the local social welfare officer,
avoiding unnecessary detention,
safeguarding the child from abuse, intimidation, or coercive interrogation,
and turning the child over to proper authorities or guardians as required.

The child should not be paraded, humiliated, or treated as an adult offender.

XIV. Can the child be detained?

In general, detention is heavily restricted for minors.

The juvenile justice framework disfavors detention and prefers:

release to parents or guardians,
supervision,
diversion,
and community-based intervention.

Secure custody or placement is the exception, not the rule, and must be justified under law and child welfare standards.

XV. Can the parents of the offending child be held responsible?

Potentially, yes, though the exact form of responsibility varies.

1. Parental responsibility and supervision

Parents may be drawn into the case because they have duties of supervision, discipline, and cooperation with intervention efforts.

2. Civil liability

Even when a child is exempt from criminal liability due to age, civil consequences may still arise. The victim’s family may pursue compensation for medical expenses, damages, and related losses under applicable civil law principles, depending on the facts.

3. Participation in intervention

Parents may be required or strongly expected to:

attend conferences,
cooperate with counseling,
ensure school compliance,
monitor the child,
and comply with behavioral conditions.

XVI. Can the victim still seek remedies even if the offender is a minor?

Yes.

The victim and the victim’s family may still seek:

school action under anti-bullying rules,
protection from retaliation,
medical documentation,
police recording and proper referral,
social welfare action,
counseling and psychosocial support,
transfer or safety accommodations where needed,
and possible civil remedies.

The victim’s rights do not disappear because the offender is also a child.

XVII. What if the violence happens outside school?

DSWD/social welfare referral can still happen.

The Anti-Bullying Act is most directly relevant to school-related bullying, but physical assault by a minor outside school may still trigger:

juvenile justice procedures,
child welfare intervention,
barangay and police response,
and civil or criminal analysis under general law.

So a child who attacks another child in a subdivision, basketball court, mall, or online-linked confrontation may still be referred.

XVIII. What if both the victim and the offender are minors?

That is common.

In that situation, the law has to protect both children, though in different ways.

The victim may need:

medical care,
protection,
counseling,
school safeguards.

The offending child may need:

intervention,
behavioral assessment,
family evaluation,
diversion or rehabilitation.

Philippine child law does not assume that one child’s need for accountability cancels the other child’s entitlement to protection.

XIX. Can a child be expelled from school because of bullying and assault?

School sanctions are possible, but they must comply with:

the school’s handbook,
due process requirements,
child protection standards,
and the Anti-Bullying Act framework.

Sanctions can include suspension or other disciplinary measures, but schools must still act lawfully and proportionately. In basic education settings, the handling of discipline is expected to remain consistent with child rights principles.

A school should not use unlawful humiliation or arbitrary expulsion as a substitute for proper procedure.

XX. When referral is especially likely

Referral to DSWD or local social welfare authorities becomes especially likely when there is:

repeated bullying,
visible injuries,
hospitalization,
threats or extortion,
gang-style or group attacks,
use of improvised weapons,
video recording and posting of the assault,
child offender below 18 identified by police,
family refusal to control the situation,
possible abuse or neglect in the offender’s home,
or school inability to safely manage the child without outside intervention.

XXI. When referral may be required in substance even if not labeled “DSWD referral”

In many places, the actual office handling the child first is not the national DSWD central office but the city or municipal social welfare office. So families sometimes ask, “Can the child be referred to DSWD?” when the practical answer is:

yes, through the local social welfare and development office, with DSWD standards, coordination, or oversight as applicable.

Legally and practically, that still counts as the kind of social welfare referral people mean.

XXII. What documents are usually important

In bullying and physical assault cases involving minors, these are often important:

incident report,
medical certificate,
photos of injuries,
statements of teachers or witnesses,
CCTV or phone video,
screenshots of threats or chats,
school blotter or guidance record,
barangay blotter,
police report,
birth certificate or proof of age of the child,
and social worker’s report.

Age proof is especially important because the entire legal framework changes depending on it.

XXIII. Common misconceptions

“A minor cannot be reported.”

False. A minor can be reported to school authorities, police, barangay, and social welfare authorities.

“A minor cannot be referred to DSWD.”

False. Referral is often the proper step.

“If the child is below 15, the victim has no remedy.”

False. Criminal exemption does not erase school remedies, intervention, protection measures, documentation, or possible civil consequences.

“Bullying is only an internal school matter.”

False. It may overlap with criminal law and child welfare law.

“Parents can simply settle it privately and make it disappear.”

Not necessarily. Serious incidents can still require institutional response, especially when child safety is at risk.

“DSWD referral means the child will be taken away.”

Not automatically. Most referrals begin with assessment and intervention, not removal.

XXIV. The difference between accountability and punishment

Philippine law draws a deliberate distinction between:

holding a child accountable, and
punishing a child as though the child were an adult.

That is why DSWD/social welfare referral is so central. The law aims to respond to the wrongdoing, protect the victim, and address the child’s developmental needs at the same time.

A violent child may need firm consequences, but the law generally prefers:

restorative measures,
structured intervention,
family accountability,
counseling,
and rehabilitation,

especially for younger minors.

XXV. A practical legal framework for analyzing any case

To determine whether a minor may be referred to DSWD for bullying and physical assault, ask these questions in order:

1. How old is the child?

15 or below: generally exempt from criminal liability, but subject to intervention.
Above 15 to below 18: check discernment.

2. What exactly happened?

teasing,
one-time fight,
repeated bullying,
coordinated assault,
use of weapon,
serious injury,
cyberbullying component.

3. Is the incident school-related?

If yes, the Anti-Bullying Act and school obligations come in strongly.

4. Is there injury or medical evidence?

The seriousness of injuries affects both school response and legal classification.

5. Is the conduct repeated or retaliatory?

Repeat conduct strongly supports formal intervention.

6. Is a social worker already involved?

If not, referral may be appropriate or necessary.

7. Are the parents cooperating?

Lack of cooperation often increases the need for formal social welfare handling.

XXVI. Bottom line

In the Philippines, a minor can indeed be referred to DSWD or the local social welfare office for bullying and physical assault. In many cases, that referral is not only possible but legally appropriate.

The precise consequences depend on the child’s age:

15 and below: generally exempt from criminal liability, but still subject to intervention and social welfare measures.
Above 15 and below 18: may be exempt if without discernment; may enter juvenile justice proceedings if with discernment.

Whether inside or outside school, violent bullying by a minor may trigger:

school disciplinary action,
police or barangay involvement,
social worker assessment,
diversion,
family intervention,
victim protection,
and, in proper cases, juvenile proceedings.

So the correct Philippine legal answer is not merely “yes” or “no.” It is this: yes, a minor may be referred to DSWD, but the purpose is usually child-sensitive accountability, intervention, and rehabilitation, not ordinary adult criminal punishment.