28/10/2025
Makukulong ba ang bata pag may ginawang krimen?
Sa ilalim ng batas, ang criminal liability ng isang bata ay detalyado sa Juvenile Justice and Welfare Act (RA 9344 as amended by RA No. 10630).
Under the said law, children 15 years old and below are exempt from criminal liability but subject to intervention.
However, children 15 to below 18 years old are exempt unless acting with discernment.
The Supreme Court issued guidelines to streamline the discernment determination process for crimes involving children in conflict with the law, to wit:
1. Discernment is the capacity of the child at the time of the commission of the offense to understand the difference between right and wrong and the consequences of the wrongful act.
2. The task of ascertaining discernment is done preliminarily by a social worker, and finally by the court. The determination shall take into account the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially antisocial behavior. The social worker’s assessment is merely evidentiary and is not binding upon the court. Ultimately, the court finally determines discernment, based on its own appreciation of all the facts and circumstances in each.
3. There is no presumption that a minor acts with discernment. The prosecution must specifically prove as a separate circumstance that the alleged crime was committed with discernment.�For a minor at such an age to be criminally liable, the prosecution is burdened to prove beyond reasonable doubt, by direct or circumstantial evidence, that he or she acted with discernment.
4. In determining discernment, courts shall consider the totality of facts and circumstances in each case, such as: (i) the very appearance, the very attitude, the very comportment and behavior of said minor, not only before and during the commission of the act, but also after and even during trial, (ii) the gruesome nature of the crime, (iii) the minor’s cunning and shrewdness, (iv) the utterances of the minor, (v) the minor’s overt acts before, during and after the commission of the crime, (vi) the nature of the weapon used, (vii) the minor’s attempt to silence a witness, and (viii) the disposal of evidence or hiding of the corpus delicti.
NB: CICL or Child In Conflict of the Law is a child below 18 who is alleged to have committed an offense.
The Question now is: What if the minor be found guilty as charged to a heinous crime, what will happen? or
What if the judgment was made when the CICL was already 21 yrs old, will he be detained in the penal institution?
First, the Court will consider the privileged mitigating circumstance of minority, the penalty is reduced by one degree pursuant to Article 68 of the RPC.
Then, Section 38 of RA 9344 allows for the suspension of the sentence of minors notwithstanding said child reaching the age of majority at the time the judgment of conviction was pronounced. However, Hubilla v. People has clarified that the sentence of the offender may only be suspended until he or she is 21 years old in accordance with Section 40 of the law. Thus, this is no longer applicable.
At any rate, CICL shall be entitled to the appropriate disposition under Section 51 of the same law which provides:
SECTION 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. – A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.
In People v. Jacinto, the Court declared that Section 51 applies regardless of the age of the offender at the time of the promulgation of the judgment of conviction.
[ G.R. No. 238798, CICL ###, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.]
