Query: If a 16-year-old child decides not to continue a case against a suspect, do the parents still have the right to pursue the case in the Philippines?

In the Philippines, parents or legal guardians play a crucial role in the legal representation and decision-making for their minor children, especially in cases involving criminal acts against or by the minor. The decision of a minor to withdraw from a criminal case does not necessarily terminate the proceedings, particularly if the crime involves significant harm or public interest.

Legal Basis for Parental Authority in Legal Cases:

Child and Youth Welfare Code (Presidential Decree No. 603): This decree emphasizes that parents have the duty and right to represent their minor children in legal actions, unless a conflict of interest arises.
Family Code of the Philippines: It further stipulates that parents have parental authority over their minor children which includes the legal representation until the age of majority (18 years).

Implications in Criminal Cases:

Serious Crimes: In cases of serious crimes or where the child is a victim (e.g., abuse, violence), the state can intervene, and the case may proceed even if the minor withdraws, to protect the child's welfare and serve justice.
Parental Decision: Parents can decide to continue the prosecution of a case to protect their child or seek justice on their behalf, particularly if they believe that discontinuing the case may lead to further harm or injustice.

Legal Steps for Parents:

Consultation with Legal Counsel: Parents should consult with a lawyer to discuss the potential impacts and the process of continuing the case against the minor’s wishes.
Filing a Motion: If the minor is the complainant, parents may need to file a motion in court to continue pursuing the case, outlining their reasons and legal basis for doing so.

Ethical Considerations and Child’s Autonomy:

Balancing Interests: It’s essential for parents to balance the minor’s autonomy and psychological well-being with the need for legal resolution. This includes considering the child’s reasons for wanting to withdraw and the potential benefits of continuing the case.
Counseling and Support: Providing emotional and psychological support through counseling can be crucial for the minor during this process.

Conclusion: In the Philippines, parents of a minor child have significant legal rights to continue a legal case even if the minor wishes to withdraw, particularly in serious matters affecting the child’s welfare and safety. It is important for parents to work closely with legal professionals and child welfare experts to ensure that the child’s best interests are always the forefront of any legal action.