23/06/2026
๐๐ฅ๐๐ ๐๐ก๐๐ ๐๐๐๐๐๐๐๐ง๐ฌ ๐ข๐ ๐ ๐๐ก๐ข๐ฅ๐ฆ: ๐ช๐ต๐ฎ๐ ๐๐ต๐ฒ ๐๐ฎ๐ ๐๐ฐ๐๐๐ฎ๐น๐น๐ ๐ฆ๐ฎ๐๐
๐ข๐ป๐ฒ ๐ฝ๐ผ๐ถ๐ป๐ ๐๐ต๐ฒ ๐ฝ๐๐ฏ๐น๐ถ๐ฐ ๐ผ๐ณ๐๐ฒ๐ป ๐บ๐ถ๐๐๐ฒ๐: under the Implementing Rules, a child "above fifteen" means a child who is ๐ฎ๐ ๐น๐ฒ๐ฎ๐๐ ๐ญ๐ฑ ๐๐ฒ๐ฎ๐ฟ๐ ๐ฎ๐ป๐ฑ ๐ญ ๐ฑ๐ฎ๐ ๐ผ๐น๐ฑ. So the dividing line is the fifteenth birthday. A child who has passed it, even by a day, can be examined for discernment and held liable. Being fifteen does not automatically mean exemption.
Republic Act No. 9344, the Juvenile Justice and Welfare Act, sets the minimum age of criminal responsibility in the Philippines. The rule turns on two things: the child's age and whether the child acted with discernment.
๐ ๐ฐ๐ต๐ถ๐น๐ฑ ๐ฎ๐ฏ๐ผ๐๐ฒ ๐ญ๐ฑ ๐ฏ๐๐ ๐ฏ๐ฒ๐น๐ผ๐ ๐ญ๐ด is treated differently. The law still presumes this child has no criminal liability, but that presumption can be overturned. If the prosecution proves the child acted with discernment, the child incurs criminal liability. If discernment is not proven, the child is exempt and undergoes intervention, just like a younger child.
๐ ๐ฐ๐ต๐ถ๐น๐ฑ ๐ญ๐ฑ ๐๐ฒ๐ฎ๐ฟ๐ ๐ผ๐ณ ๐ฎ๐ด๐ฒ ๐ผ๐ฟ ๐๐ป๐ฑ๐ฒ๐ฟ at the time of the offense is absolutely exempt from criminal liability. There is no discernment test. Regardless of how serious the act is, this child cannot be prosecuted and instead undergoes an intervention program.
๐๐ถ๐๐ฐ๐ฒ๐ฟ๐ป๐บ๐ฒ๐ป๐ is the child's capacity to understand the nature and consequences of his act and to know it was wrong. The burden of proving it rests entirely on the prosecution, and only the court can finally determine it after weighing all the circumstances.
The legislative behind the law is ๐ฟ๐ฒ๐๐๐ผ๐ฟ๐ฎ๐๐ถ๐๐ฒ ๐ท๐๐๐๐ถ๐ฐ๐ฒ. A minor is not automatically excused, but the law prioritizes correction over punishment. ๐๐ฒ๐น๐ผ๐ ๐ญ๐ด ๐ฑ๐ผ๐ฒ๐ ๐ป๐ผ๐ ๐บ๐ฒ๐ฎ๐ป ๐ฎ๐ฏ๐ผ๐๐ฒ ๐๐ต๐ฒ ๐น๐ฎ๐.