Updated for the Philippine legal framework as of 2025 (Civil Code, Family Code, Revised Penal Code, and the Juvenile Justice and Welfare Act). This is general information, not legal advice.

Big picture

When a minor (below 18) injures a person or damages property, civil liability does not disappear even if the child may be exempt from criminal liability. Philippine law reallocates (or shares) the duty to pay damages among:

The minor (from his/her own property, if any);
Parents or the person exercising parental authority (usually father/mother, sometimes a guardian);
Schools, administrators, and teachers (or training centers) while the child is in their custody (special parental authority);
Employers (if the minor was acting as an employee or household helper);
Other custodians who had actual control at the time (e.g., daycare, tutorial centers, camp organizers).

Who ultimately pays—and how much—turns on where and how the incident happened, and on the custodian’s ability to prove proper supervision and due diligence.

Core legal bases

Revised Penal Code (RPC)
- Art. 100: Criminal liability generally carries civil liability.
- Art. 101: If the offender is exempt from criminal liability (e.g., due to minority), the persons having legal authority or control over the minor are civilly liable, unless they prove they were not at fault or negligent.
Civil Code (quasi-delict / vicarious liability)
- Art. 2180: Parents are liable for damages caused by their unemancipated (read: minor) children living with them, based on a presumption of negligence in supervision or upbringing (culpa in vigilando/educando). They can escape liability only by proving proper diligence.
Family Code (special parental authority)
- Arts. 218–219: While a minor is in the custody, supervision, or instruction of schools, administrators, and teachers (or similar institutions), these persons exercise special parental authority and are principally and solidarily liable for damages caused by the minor during that custody. The parents/guardian are subsidiarily liable.
- This regime applies in school premises and in authorized activities off-campus (e.g., field trips, training, competitions).
Juvenile Justice and Welfare Act (RA 9344, as amended)
- Adopts restorative justice and diversion, but civil liability remains. Settlements/diversion agreements often contain restitution/indemnification, enforceable like civil judgments if breached.

How liability is allocated in common scenarios

1) At home or in the neighborhood

Who pays: Parents (or legal guardians) are presumed negligent under Civil Code Art. 2180 if the minor lives with them.
Defense: Parents must prove proper diligence in supervision and upbringing and that the harm occurred despite such diligence. Evidence can include household rules, prior guidance, efforts to restrain the child, prior counseling, and the sudden/ unforeseeable nature of the act.

2) In school (during class, recess, school events, or authorized off-campus activities)

Who pays: School, administrators, and teachers are principally and solidarily liable under Family Code Arts. 218–219; parents/guardian are subsidiarily liable.
Defense: The school side must prove proper selection, training, and supervision; adequate safety protocols; prompt intervention; and compliance with written policies and duty rosters.
Notes:
- Applies to basic education and higher education institutions, as well as training centers (e.g., workshops, internships authorized by the school).
- If the incident is outside school custody (e.g., purely private outing among students without school sanction), liability reverts primarily to parents/guardians.

3) During sports leagues, camps, daycare, tutorials, or similar custody

Who pays: The organizer or custodian exercising special parental authority during the activity is generally principally liable for acts occurring within that custody; parents/guardian are typically subsidiarily liable.
Defense: Show reasonable safety rules, qualified staff, ratios, and active supervision matched to the child’s age and the activity’s risks.

4) In employment or household service

Who pays: Employers can be vicariously liable for employees’ acts within the scope of assigned tasks (Civil Code Art. 2180).
Defense: Prove due diligence in selection and supervision. If the minor acted outside assigned tasks (frolic), employer may avoid liability—but may still face negligence claims if foreseeability/safeguards were lacking.

5) Motor vehicle incidents

Who pays: Multiple layers are possible—
- Driver-minor (from own property);
- Parents/guardian (if the minor lives with them or if they allowed access to the vehicle without sufficient safeguards);
- Registered owner (if different) under negligence principles (e.g., negligent entrustment);
- Insurer (e.g., CTPL for third-party bodily injury; optional comprehensive insurance for property damage).
Defense: Show the vehicle was used without permission and despite reasonable safeguards (keys secured, no prior tolerance).

Nature and extent of liability

Direct vs. vicarious liability

Minor’s own property can answer for damages (civil liability attaches despite criminal exemption).
Parents/guardians: Liability is typically vicarious and grounded on presumed negligence; they can rebut with proof of due care.
Schools/teachers/admin (during custody): Principal and solidary liability with the minor; parents are subsidiarily liable.

Solidary vs. subsidiary

School-custody cases: Solidary liability of school/administrators/teachers with the minor; subsidiary liability of parents/guardian.
Home/neighborhood cases: Courts often treat parents and minor as solidarily liable in quasi-delict if parental negligence is not rebutted.
Ex delicto (with crime filed): Under RPC Art. 101, parents/guardian bear civil liability when the minor is exempt unless they prove no fault or negligence.

What must be proven

Victim must establish: (1) the harmful act, (2) fault or negligence (or an intentional act), (3) causation, and (4) damages.
For vicarious liability, the relationship and custody at the time must be shown (e.g., living with parents; being in school custody; employer-employee relation; camp enrollment).

Defenses commonly raised

Due diligence (core defense): Written policies, supervision logs, teacher/coach assignments, reasonable adult-to-child ratios, incident reports, immediate remedial action.
Lack of custody/control at the time (e.g., off-hours, purely private activity).
Intervening causes (acts of third persons, victim’s fault).
Force majeure (rarely fits assault but can arise in chaotic, unforeseeable circumstances).
No foreseeability for negligent entrustment claims (e.g., first-time misuse despite secured keys).

How the victim can recover

Criminal case (if filed):
- The civil action is deemed instituted with the criminal action unless waived or reserved.
- Even if the child is exempt from criminal liability, the court can adjudicate civil liability against the parents/guardian (RPC Art. 101) and other liable parties (e.g., school).
Separate civil action:
- If no criminal case—or if the victim reserves the civil action—he/she may sue for quasi-delict (Civil Code) or ex delicto (arising from crime).
- Barangay conciliation (Katarungang Pambarangay) is often a precondition for disputes between residents of the same city/municipality (with standard exceptions, e.g., when parties reside in different cities).
Restorative routes under RA 9344:
- Diversion/settlement can include restitution and damages; written agreements are binding and enforceable like civil judgments if approved by proper authorities.
Insurance:
- CTPL (motor vehicle) may cover bodily injury to third parties; property damage requires optional coverage.
- Personal accident or liability riders may help, depending on policy terms.

Types of recoverable damages

Actual/compensatory (medical bills, therapy, lost earnings);
Moral (for physical injuries, anxiety, mental anguish);
Exemplary (to deter egregious conduct; often in intentional assaults);
Temperate (when actual damages are proven to exist but cannot be quantified fully);
Attorney’s fees and costs (in justified cases);
Legal interest (from time and rate set by jurisprudence—commonly from finality of judgment for unliquidated damages).

Practical guidance for victims

Document everything: medical records, police blotter, photos/videos, witness statements, incident/school reports.
Identify custody at the time: Was the minor at home, in school, in a camp, or working? This determines who is principal, solidary, or subsidiary payor.
Track expenses and missed work; secure psychological evaluation if trauma is claimed.
Consider barangay conciliation for speed and cost, but do not let prescription run (consult counsel promptly).

Practical guidance for parents/guardians/schools

Preventive protocols: age-appropriate supervision, anti-bullying policies, duty rosters, escalation procedures, careful hiring/training.
Incident response: immediate aid, separation of parties, incident report, notify parents, preserve CCTV, cooperate with authorities.
Evidence of diligence: written rules, signed acknowledgments, training records, safety drills, supervision logs.
Insurance: review and maintain general liability and accident coverage; schools should maintain comprehensive liability policies.

Frequently asked edge cases

Minor below the minimum age of criminal responsibility (currently below 15 under RA 9344, as amended): Not criminally liable, but civil liability remains, typically shifting to parents/guardian (and to schools/custodians if the incident occurred under their custody).
Acts committed off-campus but tied to school activity (e.g., sanctioned field trip, official training): School/teachers’ special parental authority still applies.
Cyberbullying/online harassment: If linked to school time/devices or official activities, schools may still face liability; otherwise, primary exposure typically lies with parents/guardian (plus the minor’s own assets).
Self-defense by the minor: May reduce or eliminate liability if lawful defense is established; otherwise, the ordinary rules apply.

Bottom line

Civil liability persists even when the assailant is a minor.
Who pays depends on custody and control at the time:
- Home/private setting → Parents/guardian (presumed negligent unless they prove due diligence).
- School/authorized activity → School, administrators, and teachers are principally and solidarily liable; parents are subsidiarily liable.
- Employment/errand → Potential employer liability if within assigned tasks.
Defeating liability requires proof of proper supervision and care, not mere denial.
Victims can recover through criminal-civil consolidation, separate civil suits, or restorative settlements, and may tap insurance when available.

If you’d like, tell me the specifics of your scenario (where it happened, the child’s age, any school involvement, injuries, and existing documents), and I’ll map the likely liable parties and the most efficient path to recovery.