Children in Conflict with the Law

Someone asked me, "I have a friend who...

had fight with a 14 year old classmate. As a result of the fight, my friend suffered serious injury. Yet, when the the classmate was brought to the police station, he was released to the DSWD without any bail. Was the police correct in releasing the accused without imprisoning him?"

My answer is yes, the policeman was correct in not sending the child to jail.

Under Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006.", a 17 year old is still considered a minor and may be criminally exempt. The law provides:

Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal
liability.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The requirement of the law is for restorative justice for children in conflict with the law. Restorative Justice is defined in the law as “resolving conflicts with the … end goal of healing and reconciliation and reintegration of the offender into the society.”
Sec. 20 of the law provides that:

If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local
social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code".

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.