Short answer. It can be. Article 317 of the Revised Penal Code punishes a person who, taking advantage of the inexperience or emotions or feelings of a minor and to the minor's detriment, induces him to assume an obligation, give a release or transfer a property right in consideration of a loan of money, credit or other personal property.

What the law says

Any person who, taking advantage of the inexperience or emotions or feelings of a minor, to his detriment, shall induce him to assume any obligation or to give any release or execute a transfer of any property right

Revised Penal Code, Article 317 — Swindling A Minor. Read the full provision →

What the law says

whether the loan clearly appears in the document or is shown in any other form

Revised Penal Code, Article 317 — Swindling A Minor. Read the full provision →

The offence has a specific shape

This is not a general rule that any bad bargain with a young person is criminal. The article describes a particular pattern: an adult exploits a minor's inexperience or emotions or feelings, and by doing so gets the minor to take on a debt, sign away a claim, or hand over a property right — and the consideration on the other side is a loan of money, credit or other personal property. That last element is what gives the article its character. It is aimed at the moneylender who advances a small sum to a teenager and walks away holding a document worth far more, not at an ordinary sale of goods to a young customer.

Hiding the loan does not help

The drafters anticipated the obvious evasion. The article applies whether the loan clearly appears in the document or is shown in any other form. So dressing the transaction up as an outright sale, a deed of assignment, a compromise or a receipt for something else does not put it outside the provision, provided the substance of what passed to the minor was a loan. Courts look at what actually changed hands. The article also requires that the arrangement be to his detriment. A transaction that genuinely benefited the minor, or that gave fair value, lacks the injury the offence is built around.

Criminal liability is only half of it

Separately from the crime, contracts entered into by minors are defective under the Civil Code and are generally open to annulment, with the obligation to restore what each side received. This matters because families in this situation usually want the document cancelled far more than they want a conviction, and the civil route addresses the paper directly. The two tracks can proceed together. Note also that where the exploitation involves abuse, exploitative labour, or online lending against a child, the special laws protecting children may apply and carry considerably heavier consequences than this article does.

The penalty, and what to do about a signed document

The punishment is arresto mayor together with a fine of ten to fifty per cent of the value of the obligation the minor contracted. Because the fine is expressed as a share of the obligation rather than as a fixed peso figure, it scales with the size of the deal. If your child has signed something, do not make payments on it while you sort the matter out, since paying can complicate an argument that the obligation was never validly assumed. Keep the document, any receipts, and the chat messages that show how the lender approached him. No outcome can be promised; take advice before signing any settlement the lender offers.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.