1. Key Statutes and Rules

Source	Core provisions relevant to minors and theft
Revised Penal Code (RPC), Arts. 308–310 (theft), Art. 12 §3 (exemption of minors), Art. 101 (civil liability of persons exempt from criminal liability)	Defines theft, prescribes penalties based on the value (as re-calibrated by R.A. 10951 in 2017), and recognises that a child below the age of criminal responsibility is exempt from punishment but NOT from civil liability.
Juvenile Justice and Welfare Act (JJWA) – R.A. 9344 (2006) as amended by R.A. 10630 (2013)	Supersedes Art. 80 RPC; sets the age thresholds, “discernment” test, diversion programmes, automatic suspension of sentence, and restorative-justice framework.
Civil Code, Arts. 2176, 2180, 2187, 2189	Establishes parents’ and, in some cases, custodians’ solidary civil liability for quasi-delicts and crimes of unemancipated minors, subject to the defence of good parent authority and diligence.
Family Courts Act – R.A. 8369 & A.M. No. 02-1-18-SC (Rules on CICL)	Gives family courts exclusive jurisdiction, formalises diversion and automatic sealing of records.
Barangay Justice System – R.A. 7160, ch. VII; Katarungang Pambarangay Rules	Minor theft (value ≤ ₱15,000) where the offender is a child may begin with barangay mediation, unless the value or circumstances place it under “serious offences” per JJWA.
Other relevant laws	R.A. 7610 (special protection vs. child abuse), R.A. 10951 (updated fine/value brackets), Indeterminate Sentence Law, Rules of Court on bail, etc.

2. Age of Criminal Responsibility and the “Discernment” Test

Child’s age at the time of commission	Criminal liability	Key consequences
Below 15 years	Absolutely exempt (Art. 12 §3 RPC, §6 JJWA).	Turn-over to social workers; intervention not prosecution. Parents remain civilly liable via Art. 2180 CC and Art. 101 RPC.
15 – <18 data-preserve-html-node="true" years, without discernment	Exempt, but faces the same intervention measures.	Discernment absence must be determined by the prosecutor and, if contested, by Family Court.
15 – <18 data-preserve-html-node="true" years, with discernment	Criminally liable, but enjoys: ① Diversion if penalty ≤ 12 yrs; ② penalty lowered one degree (Art. 68 §2 RPC); ③ automatic suspension of sentence (even if child turns 18 during trial) per §38 JJWA; ④ non-institutional disposition preferred (community service, counseling, restitution).

Discernment is the child’s capacity to understand the consequences of the act and distinguish right from wrong. Courts look at age-proximate factors: manner of execution (planned vs. spontaneous), concealment, flight, and sophistication (see People v. Doce, G.R. No. 100758, 1994; People v. Sarcia, G.R. No. 169641, 2009).

3. Theft Penalties and the “Privilege” for Minors

Base penalty (after R.A. 10951): E.g. value not over ₱5,000 → arresto mayor (1 mo 1 day – 6 mos).
Privileged reduction under Art. 68 RPC:
- For 15–<18 data-preserve-html-node="true" with discernment, the penalty is one degree lower.
- When the resulting penalty has minimum periods of arresto menor (≤ 30 days), court may impose community-based sanctions per §46 JJWA.
Indeterminate Sentence Law still applies; the minimum is taken from the penalty next lower in degree.

4. Procedural Flow When a Minor Is Caught Stealing

Apprehension & Turn-over
- Police must use child-sensitive protocols (e.g., separate holding area; no handcuffs if possible).
- Immediate notification of DSWD social worker, parents/guardians, and barangay official (§21 JJWA).
Initial assessment (within 8 hours):
- Determine age (birth certificate, school records, aliunde proof) & discernment.
- For <15 data-preserve-html-node="true" or 15–<18 data-preserve-html-node="true" w/o discernment → release to parents/social worker; craft intervention plan (counseling, values formation, etc.).
Diversion (15–<18 data-preserve-html-node="true" with discernment, light to medium offences):
- Mediation presided by the Punong Barangay or prosecutor.
- Diversion contract may include restitution, apology, community service (≤ 200 hrs), or participation in skills programmes.
- Non-compliance revives prosecution.
Inquest/Prosecution
- If diversion fails, information is filed in Family Court.
- Closed-door hearings; media blackout.
- Automatic suspension of sentence after conviction; court places child under Bahay Pag-asa or community supervision.
- Upon successful rehabilitation, conviction may be expunged.
Civil Action
- May proceed simultaneously or be reserved.
- Parents can be joined as direct defendants.
- Settlement agreements in diversion often incorporate damages.

5. Civil Liability of Parents, Guardians, and Other Custodians

5.1. Parents (Art. 2180 Civil Code)

Solidary liability for damages caused by an unemancipated child living with them, unless they prove they observed “proper diligence of a good parent”.
Liability covers both restitution of the stolen item/value and consequential damages (e.g., loss of use).

5.2. Schools, Teachers, Employers

If the minor was under their custody or supervision at the time of theft (e.g., field trip, OJT), they share subsidiary liability.

5.3. Article 101 RPC

When the offender is exempt (because of age), persons having legal or de facto control over the child at the time must pay the civil liabilities adjudged.

6. Post-Disposition: Records, Rehabilitation, and Reintegration

Records are confidential (§43 JJWA). Disclosure is punishable.
After final discharge, the child may obtain a certificate of diversion or rehabilitation, obliging law-enforcement agencies to seal all records.
The child need not disclose the incident for employment or school admissions.

7. Special or Aggravating Situations

Scenario	Effect
Use of violence / qualified theft (Art. 310 RPC)	Diversion barred if imposable penalty exceeds 12 years.
Conspiracy with adult offenders	Child is separately assessed for discernment; adult conspirators get full penalty.
Fencing (R.A. 10591, as amended)	A minor who knowingly buys/sells stolen goods is treated like theft; fences with discernment face prosecution.
Repeat offences / habitual delinquency	JJWA emphasises graduated rehabilitation; habitual delinquent label of Art. 62 §5 RPC does not apply to minors.

8. Recent Legislative Developments (Status as of Aug 2025)

House Bill 8858 (12-year threshold) and similar Senate bills remain pending; the absolute exemption age therefore stays at 15.
Executive Order No. 131 (2024) expanded funding for Bahay Pag-asa centres, aiming for one per province.
Supreme Court A.C. No. 25-07-2024-SC clarified that even if a child in conflict with the law turns 21 before the judgment becomes final, the automatic suspension of sentence still applies, with immediate dismissal once the diversion obligations are fulfilled.

9. Practical Guidance for Victims and Retail Establishments

Secure evidence (CCTV footage, inventory, receipts) while respecting the minor’s rights.
Call the barangay and request a social worker rather than detaining the child in-store.
Document the incident for insurance/civil recovery; parents are usually cooperative when liability is explained.
Consider civil compromise under Art. 2029 Civil Code; good-faith settlement during diversion often avoids lengthy litigation.

10. Illustrative Case Abstracts

Case	Gist & relevance
People v. Doce, G.R. No. 100758 (1994)	First articulated modern “discernment factors”; 16-year-old hid stolen jewelry and fled → with discernment.
People v. Sarcia, G.R. No. 169641 (2009)	17-year-old houseboy stole employer’s cash; Court applied Art. 68 and suspended sentence; stresses restorative aim.
Cruz v. People, G.R. No. 244476 (2023)	Parent’s liability under Art. 2180 upheld despite claim of due supervision; Court held that leaving a 14-year-old unsupervised in a mall showed lack of precaution.

11. Conclusion

Philippine law strikes a delicate balance: it protects society and victims of theft while recognising the developmental reality that children are capable of change. The JJWA framework, together with long-standing civil-law principles, channels child offenders toward restorative justice and places primary financial accountability on the adults who should guide them. For practitioners, the critical tasks are to:

Ascertain age and discernment quickly;
Exhaust diversion whenever legally possible;
Safeguard the child’s due-process and privacy rights; and
Ensure victims are made whole, either through restitution or civil action against responsible adults.

(This article is for educational purposes and should not substitute for tailored legal advice. For specific cases, consult a Philippine lawyer or your local Public Attorney’s Office.)