(Philippine Legal Context)
In the Philippines, the legal framework for crimes involving physical injuries and child abuse is stringent. However, when the perpetrator is a minor (a person under 18 years of age), the process shifts from a purely punitive approach to one governed by Restorative Justice. This article outlines the essential laws, the distinction between crimes, and the specific procedures involved when the offender is a "Child in Conflict with the Law" (CICL).
1. The Governing Laws
Three primary statutes intersect when dealing with these cases:
- The Revised Penal Code (RPC): Governs crimes of Physical Injuries (Slight, Less Serious, or Serious) based on the duration of medical attendance or incapacity for labor.
- Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act): This is the primary law for Child Abuse. It applies if the victim is a minor and the act debases or degrades the child's dignity.
- Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006): As amended by RA 10630, this law dictates how to handle the minor offender.
2. Physical Injuries vs. Child Abuse
A common point of confusion is whether to file for Physical Injuries or Child Abuse.
- Physical Injuries (RPC): Focused on the physical damage caused. The severity is measured by "days of healing" (e.g., Slight Physical Injury is usually less than 9 days).
- Child Abuse (RA 7610): If the victim is under 18, any physical injury inflicted can be categorized as Child Abuse. The penalty for Child Abuse is generally higher than Slight Physical Injury because the law seeks to protect the "best interests of the child."
3. The Minimum Age of Criminal Responsibility (MACR)
Before filing, you must determine the age of the minor offender at the time the offense was committed:
| Age of Minor Offender | Legal Consequence |
|---|---|
| 15 years old and below | Exempt from criminal liability. They are released to their parents, but must undergo a community-based intervention program. |
| Above 15 but below 18 (Acting without discernment) | Exempt from criminal liability. They undergo an intervention program. |
| Above 15 but below 18 (Acting WITH discernment) | Not Exempt. A criminal case can proceed, but the minor is entitled to a suspended sentence and must be placed in a "Bahay Pag-asa" or a similar facility, not a regular jail. |
4. The Step-by-Step Filing Process
Step A: Immediate Action and Blotter
Report the incident to the Women and Children Protection Desk (WCPD) at the nearest police station. Ensure the victim undergoes a medical examination by a government physician to secure a Medico-Legal Certificate.
Step B: The Determination of Discernment
For offenders aged 15 to 18, a social worker from the Local Social Welfare and Development Office (LSWDO) must conduct an assessment to determine if the minor acted with "discernment" (the capacity to distinguish right from wrong).
Step C: Diversion (The Alternative to Court)
If the imposable penalty for the crime is not more than 6 years of imprisonment, the case may not go to court immediately. Instead, it undergoes Diversion:
- Police/Lupon Level: For light offenses, mediation happens at the Barangay or Police level.
- Prosecution Level: If the case reaches the Fiscal, they may still recommend a diversion program instead of filing a formal "Information" in court.
Step D: Filing the Complaint
If diversion is not appropriate (e.g., the crime is serious or the minor acted with discernment), a Complaint-Affidavit is filed before the Office of the City or Provincial Prosecutor.
5. Important Considerations
- Civil Liability: Even if a minor is exempt from criminal liability (e.g., they are 12 years old), the parents are still civilly liable for damages (medical bills, moral damages) under the concept of "parental authority" in the Civil Code.
- Confidentiality: The records of a CICL are strictly confidential. The names of the minor offender and the minor victim cannot be published or broadcasted.
- The "Best Interest" Rule: Throughout the proceedings, the court and authorities must prioritize the rehabilitation of the minor offender while ensuring justice for the victim.
Summary of Penalties for Minor Offenders
If found guilty, the minor does not go to prison with adults. The court will typically suspend the sentence and place the minor in a rehabilitation center. If they successfully comply with the rehabilitation plan, the case is dismissed, and their record is wiped clean to allow them a second chance at life.