Criminal Assault Charges for a Minor in the Philippines
A comprehensive legal-practice overview (updated to 19 May 2025)
1. Key Concepts and Statutory Bases
| Concept | Primary Sources | Salient Points |
|---|---|---|
| “Assault” in Philippine penal law | Revised Penal Code (RPC), esp. Arts. 6, 12, 13, 263-266; jurisprudence | The RPC does not contain a discrete crime labelled “assault.” Acts commonly called assault are prosecuted as (a) physical-injuries felonies (serious, less serious, slight) or (b) frustrated/attempted homicide or murder, depending on intent and gravity. |
| Age of Criminal Responsibility | • Republic Act (RA) 9344 – Juvenile Justice and Welfare Act of 2006 (JJWA) • RA 10630 (2013 amendments) |
• Below 15 years: Absolutely exempt from criminal liability but subject to intervention. • 15 – <18 data-preserve-html-node="true" years: Exempt unless the minor acted with discernment (i.e., a conscious appreciation of the wrongfulness of the act). Discernment is a factual issue determined by social workers, the prosecutor, and ultimately the court. |
| Diversion & Restorative Justice | RA 9344 Chs. II–III; Rules on Juveniles in Conflict with the Law (A.M. 02-1-18-SC) | Diversion is mandatory at the barangay or police level for crimes where the imposable penalty does not exceed 12 years (e.g., slight or less-serious physical injuries). Court-initiated diversion is still possible for graver physical-injury felonies if the penalty imposable on an adult would not exceed 12 years. |
| Family Courts Jurisdiction | RA 8369 (Family Courts Act) | Exclusive original jurisdiction over “children in conflict with the law” (CICL) cases, whatever the felony. Regional Trial Courts designated as Family Courts handle serious offenses; first-level courts designated as Family Courts handle offenses punishable by imprisonment ≤ 6 years. |
| Victim is a Minor | RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination) | When the victim is under 18 and the act constitutes child abuse, prosecution may proceed under RA 7610, which absorbs the physical-injury offense and imposes higher penalties (up to reclusion temporal). |
| Civil Liability | RPC Art. 100-107; RA 9344 §38 | Parents or legal guardians are solidarily liable for civil damages caused by the minor (Art. 218, Family Code) unless they can prove observance of proper diligence in supervision. |
2. Elements of “Assault”-Type Felonies
Serious Physical Injuries (Art. 263, RPC) Requisites: (a) willful act; (b) victim suffers any of: (i) incapacity for labor > 30 days, (ii) medical attendance > 30 days, (iii) permanent deformity, loss or use of a sense/organ, etc. Penalty for adults: prision mayor medium to prision correccional, depending on circumstances. Penalty for minors with discernment: one degree lower (Art. 68 (2)) and still subject to suspension of sentence (RA 9344 §38).
Less Serious Physical Injuries (Art. 265) Incapacity or medical attendance for 10 – 30 days OR certain circumstances (e.g., wounds, bruises) without those periods.
Slight Physical Injuries (Art. 266) Incapacity or medical attendance ≤ 9 days or non-grave injuries that do not require medical attendance.
Qualifying Circumstances
- Deadly weapons (Art. 14 (17));
- Treachery or abuse of superiority (may elevate to attempted homicide);
- RA 7610 if victim is a child and assault is motivated by cruelty or exploitation.
3. Procedure When the Offender Is a Minor
| Stage | Governing Rules | What Happens |
|---|---|---|
| Initial Contact / Taking into Custody | RA 9344 §20-21; PNP-WCPD manuals | Police must: identify themselves; explain offense in simple language; notify parent/guardian & LGU social worker; hand over the child within 8 hours to the LSWDO. Physical restraints used only when absolutely necessary. |
| Release vs. Detention | RA 9344 §20-22 | Children may not be detained in jails; if detention is unavoidable (serious offense & no responsible adult to release to), they must be held in Bahay Pag-asa (youth care facility). |
| Determination of Discernment | RA 9344 §6(b); DOJ-JJWC Guidelines | Conducted by licensed social worker within 24 hours via interview, psychosocial tools, and circumstances of the act. Report is submitted to prosecutor/court. |
| Diversion Proceedings | Barangay Justice (§23), Police (§24), Prosecutor (§27), or Court (§29) | Requires voluntary admission of responsibility by the child, consent of victim and parents, and approval of a Diversion Agreement (e.g., apology, restitution, community service, counseling). |
| Prosecution & Trial | A.M. 02-1-18-SC; RA 9344 §38-41 | If discernment is found and diversion is not possible, the Information is filed in the Family Court. Trial is in chambers, no court costs, use of child-sensitive procedures, and a social case study report guides disposition. |
| Suspension of Sentence | Mandatory under RA 9344 §38 for minors < 18 at the time of judgment (regardless of offense), unless (a) previously convicted, (b) max penalty > 6 years & diversion previously failed, or (c) failure/refusal to comply with disposition measures. | |
| Dispositional Measures | RA 9344 §45 | Ranging from care, guidance, and supervision orders to institutional commitment in youth facilities—not penal institutions. Maximum confinement = the shorter of (i) the penalty’s minimum or (ii) until the child turns 18 (extendable to 21 upon court finding of necessity). |
| Automatic Expungement | RA 9344 §64 | Upon dismissal or successful completion of diversion/disposition, all records are automatically sealed; child may lawfully deny ever having been charged or convicted. |
4. Procedure When the Victim Is a Minor
- Dual Prosecution-Protective Approach: The child may be treated simultaneously as victim under RA 7610 and as a complainant in the physical-injuries case.
- Mandatory Protective Custody: Social worker may remove the victim from the household if continued stay poses danger (RA 7610 §9).
- No Desistance Doctrine: Parents cannot compromise or drop the case once filed; crimes under RA 7610 are public offenses.
- Civil Indemnity & Damages: Separate award for moral damages is standard when the victim is a child; indemnity is awarded ex officio even without proof of actual losses.
5. Sentencing Framework for Minors Acting with Discernment
- Start with the penalty prescribed for an adult offender (e.g., reclusion temporal minimum for serious physical injuries with a deadly weapon).
- Lower by one degree under RPC Art. 68 (2).
- Apply privileged mitigating circumstances if any (e.g., minority + voluntary surrender), adjusting within the lowered degree.
- Suspend the sentence and impose disposition measures instead of imprisonment, unless exceptions under §38 apply.
- Automatic release once the child completes the program or reaches majority (subject to §38-45).
Illustrative computation (15-year-old with discernment, serious physical injuries, no aggravating/mitigating): Adult penalty = prision mayor medium (8 y 1 m – 10 y). One degree lower = prision correccional maximum (4 y 2 m – 6 y). Sentence suspended; disposition may include community-based rehabilitation for up to 2 years.
6. Selected Jurisprudence
| Case | G.R. No. / Date | Holding (Re: minors & assault) |
|---|---|---|
| People v. Flores | G.R. 173079, 16 Jan 2008 | “Assault-type” stabbing by 17-year-old; Supreme Court stressed that suspension of sentence is mandatory even after conviction for frustrated homicide. |
| Mendoza v. People | G.R. 197250, 21 Jan 2015 | Affirmed barangay diversion of a 14-year-old charged with slight physical injuries; barangay captain’s failure to initiate diversion invalidated subsequent prosecution. |
| People v. Caballes | G.R. 136352, 30 Jun 2000 | Clarified that when the victim is under RA 7610, higher penalties apply even if the act fits physical-injuries articles. |
| People v. Pagal | G.R. 125032, 12 Sept 1997 | Demonstrated how abuse of superior strength may re-characterize a fistfight assault into attempted homicide. |
7. Enforcement and Institutional Framework
- Juvenile Justice and Welfare Council (JJWC) – policy & coordination.
- Local Social Welfare and Development Office (LSWDO) – diversion & intervention.
- PNP-Women and Children Protection Desk (WCPD) – child-friendly initial handling.
- Bahay Pag-asa – youth care facility with a 25-bed maximum per RA 9344; must provide education, psychosocial services, and separate cells for females.
- Family Courts – must resolve CICL cases within 60 days from arraignment; hearings in camera; video-link testimony allowed.
8. Common Practical Issues
| Issue | Practical Tip |
|---|---|
| Failure to determine discernment promptly | Defense should move for dismissal on the ground of statutory exemption ab initio. |
| Police booking photographs & blotter entries | RA 9344 §23 prohibits public revelation of identifying data; request immediate sealing if leaked. |
| Civil damages collection after diversion | Diversion Agreement acts as an enforceable contract; file in the same Family Court for execution in case of non-compliance. |
| Overlap of RA 7610 & RPC | Prosecutor must state both laws in the Information; court imposes penalty under the special law because it prevails over the RPC. |
| Expiration of suspension order | File a Motion for Final Discharge 30 days before the child’s 18th (or 21st) birthday to ensure record expungement. |
9. Policy Developments (as of 2025)
- Pending House Bill 9345 seeks to lower the minimum age of criminal responsibility from 15 to 12 but retains diversion for non-serious offenses; still in committee.
- JJWC Resolution 11-2024 standardizes psychosocial tools for discernment to reduce forum-shopping between social workers.
- Supreme Court OCA Circular 89-2023 directs faster plea-bargaining in CICL cases involving slight or less-serious physical injuries.
10. Take-Away Checklist for Practitioners
- Confirm age at time of commission (birth certificate, school records).
- Secure immediate social worker assessment for discernment and intervention plan.
- Explore diversion first—mandatory for penalties ≤ 12 years.
- Invoke suspension of sentence even after conviction; ensure compliance with §38 exceptions.
- Protect records – move for sealing and expungement as soon as dismissal or completion is achieved.
- For minor victims, consider parallel prosecution under RA 7610 and claims for moral damages.
Disclaimer: This material provides general legal information for educational purposes and does not constitute legal advice. For case-specific guidance, consult a Philippine lawyer or the Public Attorney’s Office.