Dear Attorney,
I am writing to seek advice regarding a legal situation involving my teenage son, who is a minor. Recently, there was an incident where he was allegedly involved in a physical altercation with another individual, and now we are being approached for a possible legal case. As a concerned parent, I would like to know what legal responsibilities and rights we have in this situation. Specifically, I am wondering if minors can be held criminally liable in this case and what steps we need to take to protect his rights. Your guidance would be greatly appreciated.
Concerned Parent
Insights
In the Philippines, cases involving minors are governed by the Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344), which has since been amended to provide better protection for minors in conflict with the law. Under this law, children under the age of 15 years are exempt from criminal liability. However, they may still be subject to intervention programs aimed at rehabilitation. For minors aged 15 to 18, they may also be exempt from criminal liability, provided that they did not act with discernment. The term "discernment" refers to the ability of the minor to fully understand the consequences of their actions. If it can be proven that the child acted with discernment, they can be held criminally liable, albeit with special consideration given to their age during sentencing.
In cases involving minors, the law also requires parental involvement. As a parent or guardian, you are responsible for cooperating with the authorities and ensuring that your child undergoes the necessary rehabilitation programs, if applicable. The law emphasizes restorative justice and prioritizes rehabilitation over punitive measures.
Given your situation, it is crucial to immediately consult with a lawyer who specializes in juvenile justice to understand how the facts of the case align with the provisions of the law. Your lawyer will help determine whether your son can be held liable and what steps can be taken to protect his legal rights. Moreover, it is essential to gather all relevant information about the incident, such as witness statements and any available evidence, to ensure that your son's side of the story is adequately represented.
If your son is found to be liable, the court may order intervention programs that include counseling, education, or community service, rather than direct imprisonment. In cases where the minor is deemed liable but with discernment, special procedures and considerations apply in determining the penalties.
In summary, while minors in the Philippines can be held liable under specific circumstances, the law leans toward rehabilitation over punishment. It is essential for you, as a parent, to actively participate in the legal process, ensure that your child's rights are protected, and seek professional legal counsel to guide you through the situation.