By Kassandra Balcurza, and 
Mitzi Louise Tapang

The tragic June 2026 shooting at San Jose National High School in Tacloban City—which resulted in the deaths of three students and injuries to 20 others—has brought intense national scrutiny to how the Philippine legal system handles young offenders.

With the alleged suspects identified as minors aged 14 and 15, many parents and citizens are asking: Can minors actually be held legally accountable for serious crimes?

As parents, educators, and security forces react to this devastating Campus Crisis: Are schools safe enough?, the core conversation has simultaneously pivoted toward systemic accountability.

The answer lies within the Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344), as amended by RA 10630. Far from granting total immunity, the law balances rehabilitation with strict accountability.

Here is what the law dictates, how "discernment" is determined, and what resources are available to help families prevent youth violence before it escalates.

Understanding age thresholds and criminal liability

The Philippine legal framework classifies minor offenders as Children in Conflict with the Law (CICL) and separates them by clear age brackets:

Ages 15 and Under: Children in this bracket have absolute exemption from criminal liability.

They cannot be tried in traditional criminal courts or sent to adult prisons. Instead, they are mandated to undergo comprehensive, state-facilitated intervention programs.

Above 15 but Below 18: Criminal liability for this group depends entirely on discernment—the capacity to distinguish right from wrong and understand the consequences of one's actions.

Without Discernment: The minor is exempt from criminal prosecution but must undergo local intervention programs.

With Discernment: A criminal case can officially be filed against them in a family court.

For example, the PNP has filed multiple frustrated murder and physical injury complaints against the 15-year-old Tacloban suspect, meaning prosecutors must prove he acted with full discernment.

Important Note on Civil Liability: Even when a minor is entirely exempt from criminal liability, they—and their parents—are never exempt from civil liabilities (such as paying damages to victims).

The Myth of absolute immunity: Mandatory confinement

A widespread misconception online is that RA 9344 allows violent youth to walk away scot-free.

Legally, this is false. The law enforces strict, mandatory institutionalization for serious offenses:

The 12-to-15 Rule for Heinous Crimes: Under Section 20 of RA 10630, if a child between 12 and 15 years old commits a serious crime punishable by more than 12 years of imprisonment (such as murder or homicide), they face mandatory placement in an Intensive Juvenile Intervention and Support Center (IJISC) inside a Bahay Pag-asa (House of Hope). They must remain there for a minimum of one year for rehabilitation.

Suspended Sentences: Even if an older minor (15 to 17) is convicted with discernment, their prison sentence is typically suspended.

They are diverted to a Bahay Pag-asa to fulfill specific rehabilitation goals under a social worker.

If they successfully comply, the case is dismissed; if they willfully violate the terms, they can be returned to court to serve adult incarceration.

Service Guide: Action Steps for Parents and Communities

According to Melanie Llana, Child Protection Lead at Save the Children Philippines, youth violence is often a preventable symptom of environmental and mental health struggles.

"It's not just the physical safety, but also the emotional safety of the children," Llana notes, emphasizing the need for early intervention. rue protection means looking Beyond punishment: How to stop youth violence before it starts by deploying comprehensive psychosocial programs. To build these protective strategies at home, parents and teachers can begin with actionable steps.

1.Spot the behavioral red flags

Parents and teachers should actively look for these indicators that a child needs immediate psychological or social support:

Sudden isolation or isolating themselves from peers.

Unusual signs of aggression or hurting others.

A sharp, uncharacteristic drop in school performance.

Expressions of extreme anxiety, distress, or unaddressed grievances regarding bullying.

2. Manage digital exposure

Minors do not operate in a vacuum. Parents must provide strict supervision over internet use:

Do not leave younger children unsupervised on digital platforms.

Activate parental controls to block violent information, violent imagery, or interactions with potentially dangerous individuals.

3. Know where to get help

If your child is experiencing severe bullying, mental health crises, or behavioral shifts, utilize these national and local support structures:

School Guidance Counselors: Approach your school's care center mandated under the Basic Education Mental Health Wellbeing and Promotion Act for counseling and psychosocial support.

The Makabata Hotline: Dial 1383 for immediate child protection and behavioral assistance.

Local Government Hotlines: Reach out to local initiatives (e.g., Quezon City's 122) or community social workers for localized family counseling and mental health programs.