In the Philippine legal system, the intersection of juvenile justice and crimes against persons—specifically physical injuries—is governed primarily by Republic Act No. 9344, or the "Juvenile Justice and Welfare Act of 2006," as amended by Republic Act No. 10630. This framework shifts the focus from punitive justice to restorative justice, emphasizing the rehabilitation of the Child in Conflict with the Law (CICL).
I. The Age of Criminal Responsibility
The liability of a minor depends entirely on their age at the time of the commission of the offense:
- 15 Years Old and Below: Minors in this age bracket exhibit absolute irresponsibility. They are exempt from all criminal liability. Even if they commit a serious physical injury, no criminal case can be filed against them.
- Above 15 but Below 18 Years Old:
- Without Discernment: The minor is exempt from criminal liability.
- With Discernment: The minor can be held criminally liable and subjected to formal court proceedings, though they still benefit from privileged mitigating circumstances.
Note on Discernment: Discernment refers to the capacity of the child at the time of the offense 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 wrongness.
II. The Nature of Physical Injury Cases
Physical injuries are classified under the Revised Penal Code (RPC) based on the severity of the harm and the recovery period:
- Slight Physical Injuries: Injuries that incapacitate the victim for 1 to 9 days or require medical attendance for the same period.
- Less Serious Physical Injuries: Injuries that incapacitate the victim for 10 to 30 days.
- Serious Physical Injuries: Injuries that result in illness or incapacity for more than 30 days, or cause deformity, loss of a limb, or permanent impairment of a body function.
In cases involving minors, the classification of the injury determines the "gravity" of the offense, which influences whether the minor undergoes Diversion or a formal trial.
III. Diversion: The Alternative to Litigation
Diversion is a child-friendly process where the CICL is diverted away from formal court proceedings into a community-based program.
- For Physical Injuries with a penalty of 6 years or less: Diversion can take place at the Barangay, Police, or Prosecution level. Slight and Less Serious Physical Injuries typically fall here.
- Requirements for Diversion: The child must admit to the act (this is not a confession of guilt for court purposes), and the victim/parents must agree to the diversion program.
IV. Procedure for CICL with Discernment
If a minor (15–18) acted with discernment and the case is not settled through diversion, the following rules apply:
- The Best Interest of the Child: The proceedings are non-adversarial. The minor is usually released on recognizance to their parents or a guardian rather than being detained in a regular jail.
- Automatic Suspension of Sentence: If the minor is found guilty of physical injuries, the court does not immediately send them to prison. Instead, the sentence is suspended. The minor is placed under the supervision of the DSWD or a local social worker for rehabilitation.
- Final Discharge: If the minor successfully completes the rehabilitation program and behaves well, the case is dismissed, and they are cleared of the offense as if no crime was ever committed.
V. Civil Liability: The Burden on Parents
While a minor may be exempt from criminal liability (imprisonment/fines), they are never exempt from civil liability. Under Article 2180 of the Civil Code, the parents or guardians are primary responsible for the damages caused by the minor living in their company.
| Type of Liability | Status for Minors (Under 15) | Responsible Party |
|---|---|---|
| Criminal | Exempt | None |
| Civil (Medical bills, moral damages) | Liable | Parents/Guardians |
VI. Determining Discernment
The determination of discernment is a clinical and legal process. It is conducted by a social worker from the Local Social Welfare and Development Office (LSWDO). The social worker's assessment considers the child's:
- Family background and upbringing.
- Educational attainment.
- Behavioral history.
- The specific circumstances surrounding the physical injury (e.g., was it a planned attack or a spontaneous scuffle?).
Summary Table of Liability
| Age of Minor | Discernment | Criminal Liability | Intervention/Action |
|---|---|---|---|
| 15 and below | Irrelevant | Exempt | Mandatory Intervention Program |
| 15+ to <18 data-preserve-html-node="true" | No | Exempt | Mandatory Intervention Program |
| 15+ to <18 data-preserve-html-node="true" | Yes | Liable | Diversion or Court |