25/06/2026
WHAT HAPPENS WHEN A MINOR COMMITS A CRIME? CAN THEY BE SENT TO PRISON?
Age 15 and Under: Absolute Exemption from Prison
Children aged 15 or younger cannot be criminally charged, sent to an adult prison, or given a criminal record. Instead, standard procedure dictates that they are released to their parents and placed in a community-based counseling program. However, an exception exists: if a child commits a severe offense like murder, r**e, or major drug violations, the court mandatorily commits them to a specialized youth care facility for intensive, multi-disciplinary rehabilitation.
Above 15 but Below 18: The "Discernment" Test
For minors in this age bracket, accountability hinges entirely on whether they acted with discernment. If they acted without discernment, they bypass formal court trials completely and enter an Intervention or Diversion program involving counseling, community service, or restitution. If it is proven that they acted with discernment, a criminal case is filed in a Family Court; if found guilty, their sentence is automatically suspended, and they are sent to a youth rehabilitation center instead of an adult jail.
Civil Liability: Who Pays for the Damages?
It is a common misconception that criminal exemption means financial immunity. While a child might not go to prison, the parents or legal guardians remain financially liable for any physical, emotional, or property damages caused by the minor, unless they can legally prove in court that they exercised strict and reasonable supervision.
What Happens During Rehabilitation?
The law utilizes two distinct pathways to reform minor offenders. The Intervention Program applies to those 15 and under or those who acted without discernment, offering community-based care at home for lighter offenses or center-based care at a Bahay Pag-asa for severe crimes. On the other hand, the Diversion Program applies to minors over 15 but below 18 who acted with discernment. They must fulfill strict conditions over a set period to avoid a trial; successfully completing the program closes the case forever, but failing allows the victim to instantly file a regular criminal lawsuit.
Can They Be Sent to an Adult Prison Later?
Yes, the law does not grant a permanent pass. If a minor between above 15 but not yet 18 acts with discernment and commits a serious crime too heavy for diversion, like murder, their sentence is frozen while they undergo youth rehabilitation. Once they reach adulthood, specifically evaluated between the ages of 18 and 21, the court reviews their progress. If they fail to show genuine rehabilitation or commit another serious crime, the court can lift the suspension and order them to serve their sentence in a regular adult prison.
