Who is exempt from criminal liability based on age?
A child who was 15 years old or below when the offense was committed is exempt from criminal liability under Republic Act No. 9344.
Does exemption from criminal liability mean that the child cannot be subjected to any intervention?
No. If a child 12 to 15 years old commits a serious offense or two or more non-serious offenses, the law requires the child's placement in a Special Facility within a Bahay Pag-asa for rehabilitation and intervention.
The objective is correction and reintegration rather than punishment.
When may a child above 15 but below 18 years of age be held criminally liable?
Criminal liability attaches only if it is shown that the child acted with discernment, meaning the child understood that the act was wrong and appreciated its consequences.
In the absence of discernment, the child remains exempt from criminal liability.
What happens if a child who acted with discernment is found guilty by the court?
Even if found guilty, the court must suspend the sentence and place the child in a rehabilitation center or other suitable facility.
Only if the child fails to comply with the conditions of the suspended sentence may the court impose the appropriate penalty, which is generally reduced.