Minors with serious offenses undergo discernment: What this means

CEBU CITY, Philippines — Cases involving minors accused of grave offenses are subjected to discernment assessments and judicial review to determine the appropriate action, the Department of Social Welfare and Development (DSWD) said.

DSWD-7 Regional Director Shalaine Lucero said children in conflict with the law (CICLs) are evaluated through established legal and social welfare processes that consider both accountability and the child’s circumstances.

Lucero issued the clarification following renewed public discussion on juvenile justice after a recent school shooting in Tacloban City allegedly involving two minors who are now in the custody of local social welfare authorities.

READ: Security audit of all Cebu City schools ordered after Tacloban shooting

Determining discernment

Lucero said social workers coordinate closely with the Philippine National Police (PNP) when assessing cases involving minors accused of committing offenses.

She said more serious cases, including rape and murder, require an evaluation of discernment to determine the child’s level of understanding of the act committed.

The Supreme Court defines discernment as a minor’s mental capacity to distinguish right from wrong and understand the consequences of unlawful actions.

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Lucero said consultations with the PNP and the Commission on Human Rights showed that many CICL cases involve minors who acted with discernment.

Custody and intervention

Depending on the circumstances of the case, Lucero said a child taken into custody may either be released to the care of family members or referred to a youth care facility.

“Kun adto sa ginikanan, dapat naay close supervision (If released back to the family, they must be under close supervision),” Lucero said.

She said local social workers are responsible for monitoring these cases to ensure families comply with supervision requirements.

Lucero added that minors whose sentences are suspended by the courts may be placed in youth homes where they can undergo rehabilitation before returning to their communities.

She said local government units are likewise expected to provide aftercare services to reduce the risk of reoffending.

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Under Republic Act No. 9344, or the Juvenile Justice and Welfare Act, a child aged 15 and below who is taken into custody must generally be released to the care of parents, guardians, or the nearest relative.

The law also requires authorities who first come into contact with the child to immediately notify the local social welfare and development officer for the assessment of appropriate intervention programs.

If no parent, guardian, or relative can be located, or if they refuse custody, the child may be released to an accredited nongovernmental or religious organization, a barangay official, a member of the Barangay Council for the Protection of Children, a local social welfare officer, or the DSWD when necessary.

Accountability and safeguards

Lucero stressed the need to balance accountability and rehabilitation for minors who committed crimes.

“They have to continue to live normally even if they have committed certain violations. Dili pod nato pwede iingon na prisohon ang tanan bata because there are processes,” Lucero said.

(We cannot simply say all of them should be jailed because there are proper processes in place.)

However, she noted that courts may still order the imprisonment of minors when warranted under the law.

READ: Tacloban school shooting: Number of wounded, injured now at 20

For instance, repeat offenders, or recidivists, may still be imprisoned depending on the facts of the case and the court’s decision.

Lucero said safeguards exist because exposing children to adult detention facilities may increase the likelihood of negative influences and future offending.

“Kun ang bata masulod sa prisohan, the more they will be influenced by adult offenders. Ma-form sa iyang huna-huna nga pwede diay,” Lucero said.

(If a child is placed in prison, they are more likely to be influenced by adult offenders. It may shape their thinking in a way that makes them believe such behavior is acceptable.)

She added that many children who come into conflict with the law are themselves victims of abuse, neglect, or difficult circumstances that contributed to their actions.

The issue gained attention after a shooting incident on June 22, 2026 at San Jose National High School in Barangay San Jose, Tacloban City, which left at least three people dead and several others injured.

The incident occurred early in the morning inside the school campus, with two student suspects subsequently placed in the custody of the Tacloban City Social Welfare and Development Office.

Police have yet to establish a motive as investigators continue gathering evidence and conducting interviews.

As part of its response, DSWD social workers conducted an assessment at the school and coordinated with the Tacloban City Social Welfare and Development Office and the Department of Education Regional Office VIII.

The agency said the coordination aims to identify and provide psychosocial support and other necessary assistance for affected students, teachers, and non-teaching personnel.

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