Marilyn Cahatol

Children play by the shore of Laguna Lake in San Pedro, Laguna on January 30, 2025. Authorities continue oil siphoning activities  in the San Isidro river in San Pedro, Laguna after a warehouse fire led to leakage of engine fuel into the river on Saturday. Jonathan Cellona, ABS-CBN News

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ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/178243511462520250130-laguna-lake-children-JC-1.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">Children play by the shore of Laguna Lake in San Pedro, Laguna on January 30, 2025. Authorities continue oil siphoning activities  in the San Isidro river in San Pedro, Laguna after a warehouse fire led to leakage of engine fuel into the river on Saturday. <em>Jonathan Cellona, ABS-CBN News </em></span></span></span></div><p>MANILA — The unprecedented <a href="https://www.abs-cbn.com/news/regions/2026/6/22/alleged-school-shooting-reported-in-tacloban-1034">school shooting</a> in Tacloban City that left three students dead and 13 injured and stabbing incidents in schools elsewhere has shocked the nation and sparked fresh debate on the effectiveness of juvenile justice in the country.</p><p>While many argue the age of criminal liability should be lowered to uphold social order, others say better funding for the full implementation of the current Juvenile Justice Law will give children in conflict with the law (CICL) a second chance to pursue a productive life.  </p><p>Under Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006, the minimum age of criminal liability is 15 years old.</p><p>Children aged 15 or below when the offense was committed should be exempt from criminal liability, but should undergo an intervention program. </p><p>A CICL aged above 15 but lower than 18 will also undergo an intervention program and is exempt from criminal liability unless they acted with discernment — defined in law as “the capacity to understand the difference between right and wrong, and its consequences.”</p><p>If they acted with discernment, the child will either undergo a diversion program or trial, based on the law.</p><p>Regardless of age, the law does not exempt a CICL from civil liability, and even holds parents or guardians jointly liable.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/6/24/cwc-juvenile-justice-law-provisions-sufficient-1745">Juvenile Justice Law provisions &#x27;sufficient,&#x27; says Council for the Welfare of Children</a></div><div> </div><div><strong>MINORS AGED 15 AND BELOW</strong></div><p>Under the law, a CICL aged 15 and below should be released to the custody of the parents or guardians while the Local Social Welfare and Development Office determines the appropriate intervention and prevention program for the child. </p><p>The LSWDO may file a Petition for Involuntary Commitment if the child is at least 12 years old, and dependent, abandoned, neglected or abused by the parents. That would give the government custody over them. </p><p>In a Facebook Live video, Sen. Francis “Kiko” Pangilinan — author of RA 9344 — clarified that the law prohibits a CICL from being freely released into society.</p><p>“Puwedeng kasuhan itong mga nagsasabi at pinakakawalan ang mga nagkakasala,” he said.</p><p>(Those who decide to and release the offenders can be held liable.)</p><p>RA 9344 strictly prohibits children from being put in the same detention facilities as adult offenders for their protection. </p><p>They are either placed in Bahay Pag-asa — a state-funded child-caring institution providing short-term residential care for CICL — or in the custody of the Department of Social Welfare and Development. </p><p>The law says those who committed serious crimes will be mandatorily placed in an Intensive Juvenile Intervention and Support Center in a Bahay Pag-asa.</p><p>Juvenile Justice and Welfare Council (JJWC) Executive Director Tricia Clare Oco said the intervention is structured. </p><p>“Talagang susundin niya iyon araw-araw habang nandun siya para ma-rehabilitate siya.”</p><p>(The CICL must follow that structure daily to ensure rehabilitation.)</p><p>Serious crimes include parricide, murder, infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery with homicide or rape, destructive arson, rape, carnapping where the driver or occupant is killed or raped, and others.</p><div> </div><div><strong>MINORS AGED ABOVE 15 AND BELOW 18</strong></div><p>A CICL aged 15 and below 18 who acted without discernment is exempt from criminal liability and will be provided the appropriate intervention program. </p><p>The presence of discernment, however, means a CICL cannot be exempt from criminal liability. They will have time to undergo diversion — a process to determine the child’s responsibility and treatment as an alternative to formal court proceedings. </p><p>“Ang napapansin namin, base sa mga interviews namin at mga research, usually pag above 15, meron na po talaga siyang discernment. Exceptional po na walang discernment ang above 15,” Oco said. </p><p>(We have observed in interviews and from research that, usually, offenders above 15 already have discernment. Those above 15 who have no discernment are exceptions.)</p><p>Pending the conduct of the diversion proceedings, the custody of the child is given to the parents, guardians, relatives or any other responsible person in the community.</p><p>The diversion program may be conducted by the barangay, police, prosecutor, or the court, depending on the offense’s severity.</p><p>If diversion is not appropriate, the CICL will undergo trial.</p><p>During this period, the CICL will be put in detention but may be released on bail, if applicable, or on recognizance to the parent or guardian.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/6/24/police-file-criminal-raps-vs-15-year-old-tacloban-school-shooter-0927">Police file criminal raps vs 15-year-old Tacloban school shooter</a></div><p>The law grants a CICL a suspended sentence until the person reaches 21 years old.</p><p>Oco noted that CICL’s parents also carry the civil liability for their children’s crimes. </p><p>“Minsan pag talagang grabe yung neglect, o talagang tinuruan nila yung bata na gumawa ng krimen, pwede ring kriminal,” she said, citing Child Abuse Act for heavily neglected children. </p><p>(Sometimes, if there is serious neglect or if they instructed the child to commit the crime, they can be criminally liable.)</p><div> </div><div><strong>‘DELINQUENCIES ARE CRIES FOR HELP’</strong></div><p>A sociologist stressed that in the discussion of juvenile justice, it is important to note that youth delinquency is sometimes motivated by needs, which could be psychological, emotional or social.</p><p>“Kung walang makain, talagang magnanakaw yung bata. Kung halimbawa siya naman ay hindi tanggap ng sino mang kaibigan, he or she will act up, will commit delinquencies that would call attention,” sociology professor Filomin Gutierrez told ABS-CBN News. </p><p>(If they have nothing to eat, they will have no choice but to steal. Or, for example, the child does not have the acceptance of their peers, he or she will act up, will commit delinquencies that would call attention.)</p><p>“Sometimes kasi delinquencies are cries for help,” she added.</p><p>In the case of school shooters, Gutierrez, citing sociologist Jack Katz, said the suspects usually experienced social isolation.</p><p>They may “return to the place, commit violence and try to change that identity through a single act of spectacular violence,” he said.</p><p>“Parang sinasabi na pumunta sila doon para i-redeem yung definition sa mga sarili nila na hindi ako weak, hindi ako mahina o maliit. As a matter of fact, kaya ko kayong takutin. Kaya kong bumaril, kaya kong pumatay,” she explained. </p><p>(It is like going to that place to redefine themselves... and show they are not &#x27;weak&#x27;, that they are not &#x27;weak&#x27; or &#x27;small.&#x27; &#x27;As a matter of fact, I can threaten you. I can shoot, I can kill.&#x27;</p><p>While the Philippine National Police (PNP) said it has not yet established the motive behind the Tacloban shooting, it is considering <a href="https://www.abs-cbn.com/news/nation/2026/6/23/tacloban-school-shooting-sparks-calls-for-probe-stronger-anti-bullying-law-enforcement-1751">bullying </a>as a possible factor.   </p><div><a href="https://www.abs-cbn.com/news/regions/2026/6/24/tacloban-school-shooters-had-target-police-1256">Tacloban school shooters had target — police</a></div><div> </div><div><strong>LOWERING THE AGE OF CRIMINAL LIABILITY</strong></div><p>Sen. Robinhood Padilla has proposed <a href="https://www.abs-cbn.com/news/nation/2026/6/22/padilla-wants-age-of-criminal-responsibility-down-to-10-years-old-after-tacloban-school-shooting-1813">lowering the age of criminal liability to 10</a> while the Philippine National Police and some lawmakers want it <a href="https://www.abs-cbn.com/news/nation/2026/6/23/pnp-in-favor-of-lowering-age-of-criminal-liability-to-12-1708">lowered to 12.</a> </p><p>Gutierrez acknowledged the public’s resonance towards the proposal, saying they may want to impose penalties on CICL to impose “strong, harsh measures against the so-called problems of society such as criminality.”</p><p>But she noted the long-term effect of a “punitive type” of approach toward children, who she said are “very vulnerable, prone to influence and very reactive to rejections.”</p><p>She also highlighted the societal gap between youth delinquents from the lower and middle class who “commit offenses or delinquencies that are overt and yung madaling makita,” with those from the higher class who engage in “delinquencies [that] are yung covert or tago kasi careful sila about public.”</p><p>She said the penalties would be biased against those in lower socio-economic classes because “they tend to gravitate towards delinquencies that are risky, challenging authority figures, kung makakikipag-away sila, medyo harapan (They are more confrontational).” </p><div><a href="https://www.abs-cbn.com/news/nation/2026/6/24/lower-age-of-criminal-responsibility-groups-lawmakers-urge-caution-vs-exploiting-tragedies-1454">Lower age of criminal responsibility? Groups, lawmakers urge caution vs &#x27;exploiting&#x27; tragedies</a></div><div> </div><div><strong>MORE FUNDING FOR JUVENILE JUSTICE AND WELFARE</strong></div><p>Instead of lowering the age of criminal liability, the professor suggested increasing funding for the implementation of the Juvenile Justice Law. </p><p>“Imbis na i-reject natin sila, itapon na lang natin sila sa kulungan na ganyan, gawa natin ng paraan, give them an environment where they can change. Kasi nga there is hope,” she said.  </p><p>(Instead of rejecting them and throwing them in jail, let us find find a way to give them an environment where they can change. Because there is hope.)</p><p>A<a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6176118"> 2025 study </a>has shown that RA 9344, despite being a promising law, produces uneven outcomes due to issues in local implementation, capacity differences, resource inequality and weak monitoring systems.</p><p>Researcher Ralph Rendell Toledo, who has a master&#x27;s degree in public administration, said in the study that processes and standards are not applied uniformly across local offices, while underfunding causes overcrowding, limited activities, staff burnout and minimum psychosocial support for CICLs in some Bahay Pag-asa facilities.</p><p>JJWC <a href="https://jjwcgovph-my.sharepoint.com/personal/gdgutierrez_jjwc_gov_ph/_layouts/15/onedrive.aspx?id=%2Fpersonal%2Fgdgutierrez%5Fjjwc%5Fgov%5Fph%2FDocuments%2FCICL%20Report%202016%20%2D%20June%202025%2Epdf&amp;parent=%2Fpersonal%2Fgdgutierrez%5Fjjwc%5Fgov%5Fph%2FDocuments&amp;ga=1">recorded </a>5,698 reported CICL in 2025, much lower compared to the 2016 data of 24,683.</p><p>Sociology professor Gutierrez also highlighted the need to address public sentiment towards the issue, noting that a “problematic vocabulary” misleads the public into assuming that CICLs are exempt from all liability.</p><p>&quot;Iko-commit naman siya hindi lang sa preso kundi under the supervision of the DSWD,&quot;  he said.</p><p>(The child will be committed, not to a prison, but to the supervision of the DSWD.)</p><p>He said the public has to understand that CICL do face accountability for their offenses since there is &quot;a sense that justice is not being served.&quot;</p><p>Gutierrez stressed that the voices of the victims, offenders, as well as the conservatives and progressives, should be heard openly in discussing potential amendments and interventions related to the Juvenile Justice Law.</p><p>“Is there a meeting point where we can agree and uphold yung talagang totoong values natin? And that is yung youth gusto nating may disiplina pero inaalagaan din at ginagabayan. Hindi lang siya basta tinatapon kapag hindi na siya mabait,” she said. </p><p>(Is there a meeting point where we can agree and uphold our true values? And that is that we want the youth disciplines, but also guided and cared for. We do not just throw them away when they behave badly.)</p>

<p>Gutierrez acknowledged the public’s resonance toward lowering the age of criminal liability, but she noted on the long-term effect of a “punitive type” of approach toward children, who she said remain “very vulnerable, prone to influence and very reactive to rejections.”</p>

Gutierrez acknowledged the public’s resonance toward lowering the age of criminal liability, but she noted on the long-term effect of a “punitive type” of approach toward children, who she said remain “very vulnerable, prone to influence and very reactive to rejections.”

Juvenile justice and welfare: How does the law ‘punish’ a minor?

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Juvenile justice and welfare: How does the law ‘punish’ a minor?

Marilyn Cahatol,

ABS-CBN News

Published June 27, 2026 12:11 PM PHT

Read More:

Juvenile Justice Law

minors

youth delinquency

age of criminal liability

Tacloban shooting

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