A practical, litigation-aware guide to when parents (or guardians, schools, and others with custody) become civilly liable for theft or property damage committed by minors, what defenses exist, and how to settle or pursue claims properly.

This is general legal information. Apply to your facts with counsel.

1) Three legal tracks you must keep separate

Criminal liability of the child Under the juvenile justice framework, children below a certain age (and older children without discernment) are exempt from criminal liability, but not from civil liability (restitution, reparation, indemnification). Children in conflict with the law (CICL) are routed to diversion, intervention, and restorative justice—often with restitution to victims as a condition.
Civil liability arising from the act (ex delicto or quasi-delict) Victims can recover actual damages (repair/replace), and in proper cases moral and exemplary damages, plus attorney’s fees. This civil liability may be pursued within the criminal case or separately.
Vicarious/derivative liability of adults with authority Even if the child is not criminally liable, parents and others exercising authority or supervision can be civilly liable for the damage caused by the child—subject to defenses (notably, diligence in supervision).

2) Who can be held liable—and when

A) Parents (or those exercising parental authority)

Parents are presumed liable for damage caused by their minor children living with them, unless they prove they exercised the diligence of a good parent to prevent the damage (teaching, supervision, safeguards, timely corrective action).
Liability reaches both intentional acts (e.g., shoplifting, deliberate vandalism) and negligent acts (e.g., breaking a neighbor’s window while playing).
Separated parents: The parent who has actual custody/care (or the one who should have, per custody orders) is the one primarily exposed, though the other may face liability if joint custody or their own negligence contributed (e.g., furnishing dangerous items).

B) Guardians and caregivers

Grandparents, relatives, yayas, or adults who assume supervision can share or bear liability for acts occurring under their watch, especially if the parents temporarily delegated custody.

C) Schools, teachers, and organizations with “special parental authority”

When the minor is in school or a school-authorized activity, the institution and supervising personnel may incur primary civil responsibility for damage caused by or to the minor under their supervision, subject to the same diligence defense. They generally have a right of recourse against negligent parents/guardians or the child’s own share.

D) Owners/occupiers and event organizers

If an organization brings minors together (youth camps, clubs, sports leagues), their duty of care and documentation of supervision protocols matter. Breach can result in concurrent liability.

3) What the injured party (victim) must prove

A wrongful act or omission by the minor (theft, damage, vandalism, negligent act).
Damage suffered (receipts/estimates for repair, replacement value, loss of use).
Causation: the act caused the damage.
Vicarious link: the defendant adult had parental authority/custody/supervision at the time or fell within special parental authority (e.g., school activity).
Rebuttal of defenses if raised (e.g., show lack of adequate supervision).

Proof beats outrage. Photos, CCTV, sworn statements, receipts, and school/activity logs win cases.

4) Typical defenses for parents/guardians/schools

Diligence defense: You exercised the care of a good parent—clear house rules, prior instruction, reasonable supervision, and immediate corrective action once aware.
No custody/control: Child was not living with you or not under your supervision at the time (e.g., on a school-supervised trip).
Intervening cause or victim’s own negligence: The damage was mainly due to someone else’s act or unsafe premises/equipment.
Age/discernment in criminal track (affects criminal exposure, not civil): Child lacked discernment—relevant to diversion terms but civil liability remains.

5) What can be recovered (damages)

Actual/compensatory: Cost to repair or replace, medical bills, lost income or loss of use (e.g., daily car rental while your car is repaired).
Moral damages: For mental anguish, besmirched reputation, social humiliation—typically in theft with public exposure, bullying-related vandalism, or egregious acts.
Exemplary damages: To deter similar acts—available in wanton or malicious conduct.
Attorney’s fees & costs: When defendant’s acts forced litigation or there is an express basis.

Computation tip: For property damage, gather two to three repair estimates; for theft, attach purchase receipts or replacement quotations, and show depreciation fairly.

6) Special notes on theft vs property damage

Theft (shoplifting/petty theft): Stores may issue civil demand letters seeking payment of goods’ value plus reasonable incidentals (e.g., security time). Do not pay penalties unsupported by law or contract. Prefer police blotter + amicable settlement specifying full and final restitution.
Vandalism/property damage: Focus on repair quotes and who had custody. If it happened in school or during a school-sanctioned event, coordinate with the school’s incident protocol first.

7) Procedural playbooks

A) For victims (property owner or shop)

Document immediately: Photos/video, list of items, damage assessment, names of witnesses, incident report, CCTV clip request.
Identify supervising adult: Parent/guardian; if in school/event, the institution too.
Compute: Repair/replace value, loss of use, reasonable incidentals.
Demand letter: Send to parent/guardian (and school, if applicable) with itemization, deadline, and settlement terms (see template).
Katarungang Pambarangay: For local incidents and amounts within jurisdiction, file for mediation/conciliation first (mandatory in many disputes).
Escalate: If unresolved—civil action (damages), or criminal complaint (with civil aspect) when the facts warrant.

B) For parents/guardians/schools (alleged child-offender)

Preserve facts: Take the child’s account without coaching; secure any exculpatory CCTV or witness.
Reach out early: Offer good-faith restitution where liability is apparent; propose structured payment if needed.
Diligence file: House/school rules, supervision ratios, activity permits, sign-in logs, prior guidance records—organize these for your defense.
Channel through barangay or school discipline to de-escalate and formalize restitution.
Mind confidentiality: Do not publicly identify minors; avoid social-media spats (can backfire as moral damages).

8) Settlement architecture (what a good deal looks like)

Clear facts: Identify incident, date, place, participants.
Exact restitution: Peso amount; payment schedule; bank details; consequences of default.
Repair logistics: Who brings the item/car; authorized shop; target completion date.
No-harassment clause: No social media posts; confidentiality.
Release of claims: Upon full payment/repair, mutual release against further claims arising from the same incident (except hidden defects or future breaches).
Signatures: Parents/guardians and, where appropriate, school rep; witnesses. For significant sums, notarize.

9) Evidence kit (for either side)

CCTV/photos/screenshots, incident reports, school/activity permits, class advisories.
Receipts/quotes (repair, replacement), valuation of stolen items.
Medical reports (if injury occurred).
Custody records: Enrollment, field-trip authority slips, attendance sheets, waiver forms (note: waivers don’t excuse negligence).
Communications: Demand letters, replies, settlement drafts, barangay minutes.

10) Prescriptive periods (don’t sleep on your rights)

Quasi-delict (tort): 4 years from the day the damage was suffered.
Civil action ex delicto: Generally tracks the crime’s prescriptive period if pursued together; consult counsel for exact computation.
Barangay conciliation tolls prescription** while pending mediation (note deadlines after termination).

11) Insurance and practical offsets

Homeowner’s/Comprehensive car insurance may cover vandalism or collision; your insurer may subrogate against the parents/guardians later.
School’s liability insurance may respond to incidents during school activities.
Health plans for medical expenses (coordinate benefits to avoid double recovery).

12) Templates (copy-adapt-use)

A) Victim’s Demand Letter (Restitution)

[Date]

[Name of Parent/Guardian]
[Address]

Subject: Demand for Restitution – Incident on [date/place]

Dear [Mr./Ms. ____],

On [date], your minor child [Name], then under your/your school’s supervision, committed
[brief description: e.g., shoplifting one (1) unit XYZ worth ₱____ / damaging our glass door].
Enclosed are photos/CCTV stills and our damage computation:

• Item/Repair/Replacement: ₱____
• Loss of Use (from __ to __): ₱____
• Incidentals (receipts attached): ₱____
Total Due: ₱____

Please settle on or before [date, 7–10 days] via [bank/Gcash]. Alternatively, we are open
to a written settlement with a clear payment schedule and repair arrangements.

Absent settlement, we will proceed with barangay conciliation and appropriate civil/criminal
action, with a claim for damages and fees.

Sincerely,
[Name/Capacity]
[Contact]

B) Parent’s Offer of Settlement

[Date]

We acknowledge the incident of [date] involving our minor child and propose the following
settlement without admission of criminal liability:

• Pay ₱____ on [date] and ₱____ on [date]
• Repair at [shop] at our cost; turnover on [date]
• Mutual release upon full payment/repair; confidentiality clause

Please confirm so we can execute a notarized agreement.
[Parent/Guardian]

C) Settlement & Release (Short Form)

SETTLEMENT AND RELEASE

This Agreement is made on [date] by and between [Victim] and [Parent/Guardian of Minor].

1) Incident: [brief description], on [date/place].
2) Restitution: ₱____ payable [mode/schedule] OR repair at [shop] completed by [date].
3) Default: Balance becomes due; 12% p.a. interest from default; costs of collection.
4) Confidentiality/Non-disparagement: No public posts or statements regarding the incident.
5) Release: Upon full performance, parties release each other from claims arising from the
   incident, except for breach of this Agreement or undisclosed hidden damage.
6) Signatures: [Victim] / [Parent/Guardian]; Witnesses: [__], [__].

[Signatures]

13) Compliance & ethics when minors are involved

No public shaming: Posting a minor’s identity online risks your liability (defamation/child-protection violations).
Use the barangay: Community mediation preserves relationships and is legally recognized.
Proportionate demands: Ask for actual losses and reasonable costs—overreaching can derail settlement.
Restorative approach: Especially for first-time, low-value incidents, consider apology + restitution + community service in schools.

14) Quick Q&A

Q1: Are parents automatically liable for everything their child does? They’re presumed liable for damage caused by their minor children living with them, but can rebut by proving diligent supervision and lack of fault.

Q2: If the act happened during a school trip? Look first to the school’s supervision (special parental authority), then apportion based on diligence and facts; parents may still share liability.

Q3: Can a store demand “penalties” beyond the item’s value? They can claim actual loss and reasonable incidentals; arbitrary penalties without legal/contractual basis are contestable.

Q4: Can the victim sue only the parents, without suing the child? Yes, for damages on vicarious liability grounds. In criminal cases, civil liability may be pursued with or separately from the criminal track.

Q5: What if the child is working part-time and damages property? If the employer had custody/control (on shift) and was negligent, employer liability can arise in addition to parental/child liability.

15) Bottom line

Victims can recover swiftly by documenting the act, identifying who had custody, and pressing for restitution via barangay or settlement—escalating to court if needed.
Parents/guardians/schools can limit or defeat liability by proving proper diligence, acting quickly to repair, and using restorative solutions.
Keep disputes proportionate, private, and documented—it protects minors’ welfare and everyone’s legal position.

If you share the incident facts (who had custody, where it happened, amounts at stake), I can tailor a one-page strategy (claims or defense), plus a custom settlement draft aligned to your case.