In the Philippine legal landscape, the treatment of minors in conflict with the law (CICL) is governed primarily by Republic Act No. 9344, or the "Juvenile Justice and Welfare Act of 2006," as amended by R.A. 10630. This framework shifts the focus from traditional punishment to restorative justice, recognizing that children often lack the full discernment of adults.

When a 15-year-old is accused of crimes like theft and bullying, the law provides a specific pathway that prioritizes rehabilitation over incarceration.

The Threshold of Responsibility: Discernment

For a 15-year-old, the law creates a critical distinction based on the concept of discernment—the capacity to understand the difference between right and wrong and the consequences of one's actions.

Under 15 years old: Absolutely exempt from criminal liability.
15 years old but below 18: Exempt from criminal liability unless they acted with discernment.

If the 15-year-old acted without discernment, they are exempt from criminal responsibility but will be subjected to an intervention program. If they acted with discernment, legal proceedings continue, but with a heavy emphasis on Diversion.

Theft and Bullying: Legal Classifications

Under the Philippine context, these two acts are handled differently:

Theft: Classified as a "Crime Against Property" under the Revised Penal Code. Since the penalty for simple theft is generally not exceeding six years of imprisonment, it is eligible for Diversion at the community or law enforcement level.
Bullying: Primarily governed by R.A. 10627 (Anti-Bullying Act of 2013). In a school setting, bullying is addressed first through administrative sanctions (suspension, expulsion). However, if the bullying involves physical injuries or slander, it may also be treated as a criminal act under the Juvenile Justice framework.

The Diversion System: An Alternative to Trial

Diversion is the centerpiece of the Philippine juvenile justice system. It refers to an alternative, child-appropriate process that avoids formal court proceedings.

Level of Diversion	Applicability
Law Enforcement/Barangay	If the imposable penalty for the crime is not more than 6 years (typical for simple theft).
Prosecution/Court	If the penalty exceeds 6 years, or if the initial diversion program fails.

The Diversion Program may include:

Restitution of property (returning what was stolen).
Written or public apology.
Mandatory attendance in seminars or counseling.
Community service.
Placement in a youth rehabilitation center (as a last resort).

Penalties and Custody

If the 15-year-old is found to have acted with discernment and the case proceeds to court, the minor is still entitled to a proportionality of penalty.

Suspension of Sentence: Even if found guilty, the court will not immediately send the child to prison. The sentence is suspended, and the child is placed under the supervision of the Department of Social Welfare and Development (DSWD) or a "Bahay Pag-asa" (House of Hope).
Privacy: The records of a CICL are strictly confidential to prevent stigmatization.
Automatic Reduction: If a sentence is eventually imposed, the penalty is automatically lowered by two degrees compared to an adult offender.

Rights of the Child During the Process

From the moment of "initial contact" (apprehension), the 15-year-old is entitled to specific protections:

Notification: Parents or guardians must be notified immediately.
Separate Facilities: They must never be mixed with adult prisoners.
Presence of Counsel: They have a right to a lawyer and a social worker at every stage.
No Torture or Harsh Language: The use of handcuffs is generally prohibited unless the minor is unruly.

Note: Even if the child is exempt from criminal liability, the civil liability (payment for damages/stolen goods) remains the responsibility of the parents or guardians under the principle of parental authority.

Would you like me to draft a sample Compromise Agreement or a Diversion Program contract specifically tailored for a theft and bullying case?