In the Philippine legal system, the approach to crimes committed by minors is governed by a restorative rather than a punitive philosophy. The primary legislation governing this area is Republic Act No. 9344, or the "Juvenile Justice and Welfare Act of 2006," as amended by Republic Act No. 10630.
Understanding the nuances of filing criminal charges against a minor requires a clear distinction between criminal responsibility and civil liability.
I. The Age of Criminal Responsibility
The law establishes specific age thresholds that determine how a minor (referred to as a Child in Conflict with the Law or CICL) is treated:
- 15 Years Old and Below: Minors in this age bracket are exempt from criminal liability. Even if they commit a serious crime, they cannot be imprisoned or charged in the traditional sense. However, they are subject to an intervention program.
- Above 15 but Below 18 Years Old: These minors are also exempt from criminal liability unless it is proven that they acted with discernment.
- Without Discernment: The minor is exempt and undergoes an intervention program.
- With Discernment: The minor can be charged, but they are entitled to a privileged mitigating circumstance (a lower penalty) and are usually placed in a "Bahay Pag-asa" or a youth rehabilitation center rather than a regular jail.
Note on "Discernment": This 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 a matter of intelligence but of moral perception.
II. The Procedure for Filing Charges
If you intend to pursue a case against a minor who is above 15 but below 18 and acted with discernment, the process differs significantly from adult proceedings:
- Initial Contact: Law enforcement must immediately notify the parents or guardians and a social worker upon taking the minor into custody.
- Diversion Proceedings: Before a case reaches the court, the law encourages "Diversion." This is an alternative, community-based program that avoids formal court proceedings. It is applicable if the imposable penalty for the crime is not more than six years of imprisonment.
- Prosecution and Trial: If diversion is not appropriate or fails, the prosecutor files the case in a Family Court. The proceedings are confidential to protect the child's privacy.
- Suspension of Sentence: Even if a minor is found guilty, the court generally suspends the sentence. Instead of going to prison, the minor is sent to a rehabilitation center or released to the custody of parents under supervision. If they successfully complete the rehabilitation, the case is dismissed.
III. Rules on Parental Liability
While a minor may be exempt from criminal liability (imprisonment/fine paid to the state), the parents are almost always held civilly liable for the damages caused.
1. Civil Liability (Damages)
Under Article 2180 of the Civil Code, parents are responsible for the damages caused by their minor children who live in their company. This is based on the principle of pater familias (failure to exercise the diligence of a good father of a family).
- Joint and Solidary: Parents are usually held jointly and severally liable with the minor for restitution, reparation for damages, and indemnification.
- Defense: Parents can only escape liability if they prove they exercised all the diligence of a good father of a family to prevent the damage.
2. Subsidiary Liability
Under the Revised Penal Code, if a minor is found criminally liable but has no property to pay for the civil damages, the parents are subsidiarily liable.
3. Administrative and Criminal Negligence
Under R.A. 10630, parents of a CICL may be required to undergo counseling or perform community service. In extreme cases, if the parents' gross negligence or willful intervention led to the child committing a crime, they can be charged with Child Abuse under R.A. 7610 or held in contempt by the court.
IV. Summary Table of Liability
| Age of Minor | Criminal Liability | Civil Liability (Parents) | Primary Resolution |
|---|---|---|---|
| 15 and below | Exempt | Parents are Liable | Intervention Program |
| 15 - 18 (No Discernment) | Exempt | Parents are Liable | Intervention Program |
| 15 - 18 (With Discernment) | Liable (Suspended Sentence) | Parents are Liable | Diversion or Rehabilitation |
V. Key Considerations for Complainants
If you are the aggrieved party, it is important to realize that the "punishment" for a minor will rarely involve jail time. The system prioritizes the "best interests of the child." Your primary avenue for traditional "justice" in terms of monetary compensation (hospital bills, property damage, moral damages) lies in the civil aspect of the case, where the parents' assets are the primary target for recovery.