The Juvenile Justice and Welfare Act (RA 9344, as amended) governs how children in conflict with the law (CICL) are treated, adopting a restorative rather than purely punitive approach. It sets the minimum age of criminal responsibility: a child fifteen years of age or under at the time of the offense is exempt from criminal liability but is subjected to an intervention program. A child above fifteen but below eighteen is likewise exempt unless they acted with discernment (an understanding of the wrongfulness of the act), in which case they undergo diversion or the proper proceedings, but are still entitled to child-sensitive treatment. The law emphasizes diversion (an alternative, community-based process that avoids formal court proceedings for lighter offenses), intervention programs, and the best interest of the child, and it prohibits detaining children with adult offenders. The child's records are generally kept confidential, and the goal is rehabilitation and reintegration, not punishment.
Children who break the law are not treated like adult criminals. The Juvenile Justice and Welfare Act takes a restorative approach centered on the child's best interest.
Minimum Age of Criminal Responsibility
- A child fifteen (15) years old or under at the time of the offense is exempt from criminal liability — but is subjected to an intervention program; and
- A child above 15 but below 18 is likewise exempt unless they acted with discernment (understood the wrongfulness of the act).
Discernment
For the 15-to-below-18 group, discernment is the key. If the child acted with discernment, they proceed to diversion or the proper proceedings — but always with child-sensitive treatment. If without discernment, they are exempt and undergo intervention.
Diversion and Intervention
- Diversion — an alternative, community-based process that avoids formal court proceedings, used for lighter offenses; and
- Intervention — programs to address the child's needs and prevent reoffending.
Protections for the Child
- Children cannot be detained with adult offenders;
- Records are generally kept confidential; and
- The goal is rehabilitation and reintegration, not punishment.
Practical Takeaways
- A child 15 or under is exempt (with intervention); a child above 15 but below 18 is exempt unless they acted with discernment;
- The law favors diversion and intervention over formal prosecution;
- Children get child-sensitive treatment, confidentiality, and separation from adult detainees — the aim is rehabilitation.
Frequently Asked Questions
At what age is a child criminally responsible? A child fifteen years old or under at the time of the offense is exempt from criminal liability but undergoes intervention. A child above 15 but below 18 is exempt unless they acted with discernment.
What is discernment? The child's understanding of the wrongfulness of the act. For children above 15 but below 18, acting with discernment means they proceed to diversion or the proper proceedings, still with child-sensitive treatment.
What is diversion? An alternative, community-based process that avoids formal court proceedings, used for lighter offenses, focusing on the child's rehabilitation instead of prosecution.
How are children in conflict with the law protected? They cannot be detained with adult offenders, their records are generally confidential, and the system aims at rehabilitation and reintegration rather than punishment, in the child's best interest.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.