Juvenile council clarifies minors still accountable under law

MANILA, Philippines — Contrary to common misconceptions, children in conflict with the law (CICL) are not automatically released or exempt from accountability under the Juvenile Justice and Welfare Act.

This clarification came Tuesday from Juvenile Justice and Welfare Council (JJWC) Executive Director Tricia Clare Oco and Senator Francis “Kiko” Pangilinan amid public discussion surrounding the fatal shooting at San Jose National High School in Tacloban City.

From the shooting, authorities identified the suspects as 14- and 15-year-old male students.

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Despite claims circulating online, Oco said the law contains mechanisms to hold minors accountable while ensuring their rehabilitation.

READ: School shooting kills 3 students in Tacloban

“Minors who commit crimes should not be released. That is wrong. It is against the law,” Pangilinan reiterated Tuesday in a Facebook livestream with Oco.

“If a child is below 15 years old, the fact that he or she cannot be criminally charged does not mean there is no accountability,” Oco added.

The two stressed that minors accused of serious crimes may still be subjected to court proceedings, involuntary commitment, confinement, intervention programs, and rehabilitation measures depending on their age and the circumstances of the case.

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What’s next for the suspects?

Oco said the minors would undergo different legal processes depending on their age, as provided under Republic Act No. 9344 or the Juvenile Justice and Welfare Act.

Under this act, children aged 15 and below are exempt from criminal liability but must undergo intervention programs.

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Meanwhile, children above 15 but below 18 are also generally exempt from criminal liability unless authorities determine that they acted with discernment, or understood the consequences of their actions. In such cases, they may face appropriate legal proceedings under the law.

“The investigation is still ongoing, so they are currently in police custody, but arrangements are already being made for their referral to a Bahay Pag-asa,” Oco said in the same livestream.

According to Oco, public attorneys and social workers may seek a petition for involuntary commitment, which would remove the child from parental custody and place the child under state supervision.

Unlike criminal cases involving adults, which require proof beyond reasonable doubt, involuntary commitment proceedings may be resolved through a summary procedure.

“The court may decide on it within 72 hours, after which the child may be deprived of liberty,” Oco explained.

What accountability measures are there?

Accountability under the juvenile justice system includes mandatory participation in structured rehabilitation programs in Bahay Pagasa (House of Hope).

“The child will be subjected to an intensive intervention program. It is a structured program that the child must follow every day while in the facility to support rehabilitation,” she said.

Oco further explained that children placed under involuntary commitment also undergo counseling and psychosocial interventions designed to help them understand the consequences of their actions.

“And secondly, the child must develop remorse,” she said.

Apart from rehabilitation measures imposed on the child, parents may also face civil liability for damages arising from the acts committed by their minor children.

Oco added that authorities may also examine whether parental negligence contributed to the commission of the offense.

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In cases where neglect is established, parents may likewise face corresponding legal consequences. /mr