In the Philippines, the legal framework governing minors who come into conflict with the law is primarily defined by Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630. This law shifted the focus from punitive measures to restorative justice, emphasizing rehabilitation and the role of the community—specifically the Barangay—as the first line of intervention.

1. The Age of Criminal Responsibility

The Philippines maintains a specific threshold for determining whether a minor can be held criminally liable:

15 Years Old and Below: Minors in this age bracket are exempt from criminal liability. However, they are not exempt from civil liability (damages).
Above 15 but Below 18 Years Old: These minors are also exempt from criminal liability unless they acted with discernment. Discernment refers to the capacity to distinguish between right and wrong and understand the consequences of one's actions.

Note: Even if a minor is exempt from criminal liability, they are still subject to an intervention program. If they acted with discernment and are over 15, they may undergo "diversion" or formal court proceedings, but with the benefit of suspended sentences.

2. The Role of the Barangay

The Barangay is the initial point of contact for offenses involving minors. Under the law, the Barangay Council for the Protection of Children (BCPC) plays a crucial role in handling these cases.

Initial Custody and Notification

When a minor is apprehended for an offense, the following must occur immediately:

Immediate Notification: The person who took the minor into custody must notify the parents or guardians and the local Social Welfare and Development Officer (LSWDO).
Turnover: The minor must be turned over to the LSWDO or a registered NGO within eight (8) hours of apprehension.
Statement Taking: If a statement is taken, it must be done in the presence of the minor’s counsel (or a PAO lawyer), the parents/guardians, and a social worker.

3. Diversion Proceedings at the Barangay Level

For offenses where the imposable penalty is imprisonment of not more than six (6) years, the law mandates Diversion. Diversion is an alternative, child-appropriate process that avoids formal court litigation.

When Diversion is Conducted

The Punong Barangay conducts diversion proceedings when the offense committed has a maximum penalty of 6 years or less. This usually covers:

Alarms and scandals
Simple Slander
Vandalism
Petty Theft
Light Physical Injuries

The Diversion Program

The Punong Barangay, with the assistance of the BCPC, develops a Diversion Program which may include:

Restitution of property.
Reparation of the damage caused.
Apology to the victim.
Attendance in seminars (anger management, values formation).
Community service.
Participation in evidence-based programs (e.g., scouting, youth groups).

The program must be completed within a period specified by the Barangay, usually not exceeding two years. If the minor successfully completes the program, the case is considered closed.

4. Civil Liability of Parents and Guardians

While a minor may be exempt from "criminal" liability (jail time/criminal record), the Civil Code of the Philippines (Article 2180) and the Family Code hold parents and guardians subsidiarily liable for damages.

Parental Responsibility: Parents are primary responsible for the damages caused by their minor children living in their company.
Defense of Diligence: Parents can only escape civil liability if they can prove they exercised the "diligence of a good father of a family" to prevent the damage.

5. Serious Crimes and "Children at Risk"

If a minor (12 to 15 years old) commits a serious crime—such as parricide, murder, infanticide, kidnapping, or violation of the Comprehensive Dangerous Drugs Act (if the penalty is more than 12 years)—the minor is considered a "Child in Conflict with the Law" (CICL) who must be placed in a "Bahay Pag-asa" (House of Hope).

These are intensive juvenile intervention centers that provide residential care and mandatory programs, even if the minor is below the age of criminal responsibility.

6. Prohibited Acts During Apprehension

To protect the rights of the minor, the law strictly prohibits:

Labeling: Using terms like "juvenile delinquent," "criminal," or "snatcher."
Handcuffing: Unless absolutely necessary for safety.
Detention with Adults: Minors must never be locked in a cell with adult offenders.
Violence: Any form of physical or mental torture or degrading treatment.

Summary Table: Liability by Age

Age Bracket	Criminal Liability	Civil Liability	Primary Action
Below 15	Exempt	Parents/Guardians Liable	Intervention Program (Barangay/LSWDO)
15 – 18 (No Discernment)	Exempt	Parents/Guardians Liable	Diversion Program
15 – 18 (With Discernment)	Liable (but mitigated)	Parents/Guardians Liable	Diversion or Court Proceedings