In the Philippine legal system, the intersection of criminal law and juvenile justice is governed primarily by Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006," as amended by Republic Act No. 10630. When a minor—referred to legally as a Child in Conflict with the Law (CICL)—commits an act resulting in physical injuries, the proceedings deviate significantly from adult criminal prosecution.
The law prioritizes restorative justice over punishment, focusing on rehabilitation and the best interests of the child rather than incarceration.
1. The Threshold of Criminal Responsibility
The age of the minor at the time of the commission of the offense determines the legal trajectory.
| Age Bracket | Legal Status / Liability |
|---|---|
| 15 years old and below | Absolute exemption from criminal liability. The child is released to the parents/guardians, subject to community-based intervention. |
| Above 15 but below 18 (without discernment) | Exempt from criminal liability. The child undergoes an intervention program. |
| Above 15 but below 18 (with discernment) | The child is criminally liable but undergoes a "diversion" process or a modified trial with privileged mitigating circumstances. |
Note on Discernment: Discernment refers to the capacity of the child at the time of the act to understand the difference between right and wrong and the consequences of their actions. It is not merely the intent to commit the act, but the understanding of its moral and legal wrongfulness.
2. Classification of Physical Injuries
The Revised Penal Code (RPC) defines the nature of the injuries, which influences the severity of the intervention:
- Slight Physical Injuries: Injuries requiring medical attendance or incapacitating the victim for 1 to 9 days.
- Less Serious Physical Injuries: Injuries requiring medical attendance for 10 to 30 days.
- Serious Physical Injuries: Injuries resulting in illness or incapacity for more than 30 days, or causing deformity, loss of a limb, or permanent disability.
3. Initial Procedure and Custody
When a minor is apprehended for causing physical injuries, specific protocols must be followed to protect their rights:
Immediate Requirements
- Notification: Law enforcement must immediately notify the parents or guardians and the local Social Welfare and Development Officer (LSWDO).
- Medical Examination: The child must be examined by a physician to check for any abuse or injuries sustained during or prior to apprehension.
- Statement Taking: Any interview must be conducted in the presence of the child’s counsel (or a public attorney), parents/guardians, and a social worker.
Prohibition on Jails
Minors cannot be locked up in jails or detention centers with adult prisoners. If detention is absolutely necessary, they are placed in a "Bahay Pag-asa" or a youth detention home.
4. The Diversion Process
For physical injuries where the imposable penalty is not more than six years of imprisonment (which covers most Slight and Less Serious Physical Injury cases), the law mandates Diversion.
- At the Law Enforcement/Police Level: If the penalty is light, the police and social workers may facilitate a mediation between the minor and the victim to agree on a "Diversion Program" (e.g., apology, restitution, counseling).
- At the Prosecution/Katarungang Pambarangay: If the case reaches the Barangay or Prosecutor, they may still divert the case if the minor admits to the act.
- The Goal: To avoid the formal stigma of a court trial and a criminal record.
5. Court Proceedings and Sentencing
If the minor acted with discernment and the case is not eligible for diversion, it proceeds to the Family Court.
Privileged Mitigating Circumstance
Under Article 68 of the Revised Penal Code, a minor is entitled to a privileged mitigating circumstance. This automatically lowers the penalty imposed by the law by at least one degree.
Automatic Suspension of Sentence
Even if the court finds the minor guilty of committing physical injuries, the court does not immediately send the minor to prison. Instead, the sentence is suspended.
- The minor may be sent to a rehabilitation center or released on probation under the supervision of the Department of Social Welfare and Development (DSWD).
- If the minor successfully complies with the rehabilitation conditions, the case is dismissed, and their records are cleared/sealed.
6. Civil Liability
It is crucial to distinguish between criminal and civil liability. While a child 15 years old or below is exempt from criminal liability (imprisonment/fine), the civil liability (damages, medical expenses, and indemnity) remains.
Under the Civil Code of the Philippines and the Family Code:
- The parents or guardians are primarily responsible for the damages caused by the minor living in their company.
- To avoid liability, parents must prove they exercised the "diligence of a good father of a family" to prevent the damage.
7. Summary of Rights
- Right to Privacy: The records of a CICL are strictly confidential. Identifying the minor in public or media is a punishable offense.
- Right against Discrimination: A child’s previous involvement in a case cannot be used against them in future employment or educational applications once the case is closed.
- Non-Sulsive Environment: All proceedings must be conducted in a language the child understands and in a non-intimidating manner.