1) The governing idea: children are treated differently

The Philippine juvenile justice system is built on the premise that children are developmentally different from adults, and that accountability should prioritize rehabilitation, diversion, and reintegration—while still protecting public safety. This approach reflects both domestic policy and the Philippines’ commitments under international child-rights standards.

In Philippine law, the key question is not simply “Did the child do the act?” but (a) how old the child is, and (b) if the child is 15 to below 18, whether the child acted with “discernment.”

2) Core legal framework (Philippine context)

The main statute is Republic Act No. 9344 (the Juvenile Justice and Welfare Act of 2006), as amended by Republic Act No. 10630 (2013). Related rules and principles also come from:

The Revised Penal Code (general criminal law concepts like intent, exempting circumstances, penalties, etc.)
Rules of criminal procedure (inquest, preliminary investigation, trial), as adapted for children
Supreme Court guidance and child-sensitive justice policies (implementation details vary through rules/circulars and local practice)
Child protection and welfare mechanisms administered by key agencies

3) Who is a “child in conflict with the law” (CICL)?

A child in conflict with the law (CICL) is generally a person below 18 years old who is alleged as, accused of, or adjudged as having committed an offense under Philippine law at the time of the commission of the act.

A “child” for juvenile justice purposes is ordinarily any person below 18.

4) The Age of Criminal Responsibility (ACR): the first gate

A. Below 15 years old: cannot be criminally prosecuted

If the child is below 15 at the time of the act:

The child is exempt from criminal liability.
The case does not proceed like an ordinary criminal case (no conviction, no penal sentence).
The child must be subjected to an intervention program (services addressing behavior, family situation, schooling, psychosocial needs), led primarily by the local social welfare and development mechanisms.

Important: Exemption from criminal liability does not mean “no response.” It means the response is welfare/intervention-based, not punitive prosecution.

B. 15 years old to below 18: depends on discernment

If the child is 15 to below 18 at the time of the act:

The child is exempt from criminal liability unless the child acted with discernment.
If no discernment: the child is treated similarly to a below-15 child—no criminal prosecution, but intervention.
If with discernment: the child may be subjected to criminal proceedings, but with special rules and a strong preference for diversion when legally allowed.

5) What “discernment” means (and why it matters)

Discernment refers to the child’s capacity to understand:

the wrongfulness of the act, and
the consequences of committing it.

It is not measured by a single factor. In practice, it is inferred from circumstances such as:

the child’s manner of committing the offense (planning, concealment, escape, use of tools/weapons)
statements showing awareness (e.g., fear of getting caught, attempts to hide evidence)
the child’s age/maturity, education, intelligence, environmental influences
behavior before, during, and after the act

Because discernment is decisive for prosecution, it must be assessed carefully and documented in coordination with social workers and child-protection actors.

6) The decision tree: when can prosecution happen?

Quick rule

A child can be prosecuted only if:

the child was 15 to below 18 at the time of the act, and
the child acted with discernment, and
the case is handled under juvenile justice procedures (often requiring diversion assessment first).

Text flowchart

Step 1: Determine age at time of offense

Below 15 → No prosecution → intervention program
15 to below 18 → go to Step 2

Step 2: Determine discernment

No discernment → No prosecution → intervention program
With discernment → go to Step 3

Step 3: Check if diversion is available/required

If diversion applies and is successfully completed → case ends without conviction
If diversion is not available or fails → case may proceed to filing in court and trial (still under child-sensitive rules)

7) Diversion: the system’s preferred path (even when prosecution is possible)

Diversion is a process of determining the child’s responsibility and appropriate measures without resorting to formal court proceedings, where permitted by law. It may involve:

counseling
apology/restitution
community service (child-appropriate)
education/vocational support
family intervention
treatment for substance use, trauma, or behavioral issues

Diversion is typically handled at different levels (e.g., community/barangay, local social welfare, prosecutor/court), depending on the offense’s seriousness and applicable thresholds under the statute and implementing rules.

Key point: Even if a child is prosecutable (15–<18 data-preserve-html-node="true" with discernment), the law is designed so that many cases should be evaluated first for diversion—especially for less serious offenses.

8) If prosecution proceeds: what makes a juvenile case different?

When a child is prosecuted, the case remains a criminal case in form, but it is not treated like an adult criminal case. Special protections apply from the first contact with authorities up to disposition.

A. Child-sensitive handling from the start

Child-friendly procedures commonly include:

Immediate notification and involvement of parents/guardians and a social worker
Protection against coercive interrogation
Respect for the child’s rights (to counsel, to remain silent, to be treated with dignity)
Confidentiality of identity and records

Law enforcement units (e.g., Philippine National Police) and prosecutors (e.g., Department of Justice) are expected to coordinate with social welfare actors (e.g., Department of Social Welfare and Development) and local councils for child protection.

B. Detention is not the default

The law strongly discourages detaining children, especially with adults. If temporary custody is unavoidable, safeguards include:

separation from adult detainees
placement in child-appropriate facilities (not regular jails)
speedy processing
access to family, counsel, and social services

RA 10630 strengthened the use of “Bahay Pag-asa” and related child care facilities under local government coordination, for appropriate cases.

C. Proceedings are typically confidential

Juvenile justice emphasizes confidentiality:

use of initials or anonymized references in documents and decisions
closed-door proceedings when appropriate
restricted access to records This is meant to prevent lifelong stigma.

9) Penalties and outcomes: what happens if the child is found responsible?

A child who is prosecuted is still treated under a rehabilitative framework.

A. “Suspended sentence” and disposition measures (general principle)

A distinctive feature of juvenile justice is suspension of sentence and rehabilitation-oriented dispositions, instead of immediate imprisonment. Depending on the circumstances, the court may order measures like:

community-based rehabilitation
supervised programs
placement in youth care facilities under regulated standards
education/training and family interventions

The goal is restorative and developmental outcomes rather than purely punitive ones.

B. Disposition is individualized

Courts rely heavily on:

social case study reports
psychological/psychiatric evaluations when needed
family background and support systems
risk and needs assessments

10) Can a child be jailed like an adult?

As a rule, the system avoids placing children in adult penal institutions. If deprivation of liberty is ordered, it should be:

a measure of last resort
for the shortest appropriate period
implemented in child-appropriate facilities, with services aimed at reintegration

11) Civil liability and restitution

Even when a child is exempt from criminal liability (e.g., below 15, or 15–<18 data-preserve-html-node="true" without discernment), questions of civil liability (such as restitution for damage or injury) can arise depending on the facts and applicable civil law principles. In practice, restorative agreements through diversion often address restitution in a developmentally appropriate way, typically involving guardians and social workers.

12) Practical issues that often decide whether prosecution moves forward

A. Proof of age (critical)

Age is determined by the age at the time of the offense, not at the time of arrest or trial. Birth certificates, school records, and other reliable evidence matter. Disputes on age can change everything.

B. Discernment is often contested

Because discernment is a fact-intensive inquiry, it becomes a focal point:

The prosecution may argue planning/awareness.
The defense may emphasize immaturity, coercion, trauma, intellectual disability, or adverse childhood conditions.

C. Diversion depends on eligibility and cooperation

Even when diversion is legally available, cases can still go to court if:

diversion is not allowed for the offense category under the law/rules,
the child refuses or is unable to comply,
the victim/parties cannot agree where agreement is required by the process design,
program capacity is limited in the locality.

13) Role of institutions (who does what)

Local Government Units: implement local juvenile intervention programs; operate or coordinate Bahay Pag-asa; fund and maintain local councils and social welfare services.
Local Council for the Protection of Children: coordination mechanism for child protection and juvenile justice at local level.
Department of Social Welfare and Development and local social welfare offices: case management, intervention/diversion support, rehabilitation planning, aftercare.
Department of Justice and prosecutors: child-sensitive inquest/preliminary investigation; diversion evaluation when applicable; filing decisions.
Supreme Court of the Philippines: rules, policies, and adjudication; specialized handling through courts and child-sensitive procedures.

14) Summary: the exact point when a child “can be prosecuted”

A child can be prosecuted in the Philippines only when:

The child was 15 years old to below 18 years old at the time of the offense, and
The child acted with discernment (capacity to understand wrongfulness and consequences), and
The case proceeds under the juvenile justice framework, including diversion assessment where applicable, and with confidentiality and child-sensitive safeguards throughout.

A child cannot be prosecuted when:

the child was below 15, or
the child was 15 to below 18 but did not act with discernment—in both cases the response is intervention, not criminal conviction.

15) Practitioner-style checklist (fast reference)

Confirm age at time of act (documents; resolve disputes early).
If below 15 → no criminal case; ensure intervention referral.
If 15–<18 data-preserve-html-node="true" → assess discernment with facts + social case inputs.
If no discernment → no criminal case; intervention.
If with discernment → evaluate diversion eligibility and attempt diversion where required/allowed.
If prosecution proceeds → ensure child-sensitive handling: counsel, social worker, confidentiality, no adult detention, individualized disposition focus.