RA 9344 or the “Juvenile Justice and Welfare Act”

- raises the age of absolute irresponsibility from 9 to 15 years of age

Section 6: Minimum age of criminal responsibility —

A child 15 years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the shall be subject to an intervention program
pursuant to Sec 20 of this Act.
A child is to be 15 years of age on the day of the 15th anniversary of his
birthdate
A child above 15 years but below 18 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 subject to the appropriate proceedings
in accordance with this Act
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing laws.

● a child 15 years of age or under at the time of the commission of the crime is exempt
from criminal responsibility
● The child shall, however, be subject to an intervention program as provided by Sec 20 of
the same law
● The exempting circumstance of minority is also based on the ​complete absence of
intelligence
● Par. 3, Art 12 of the RPC was repealed by Sec.6 of RA 9344
● For children between 15-18 years of age, they must act with discernment to incur
criminal liability
○ The minor is presumed to have acted without discernment
● Periods of criminal responsibility (as amended by this Act)
1. Absolute responsibility = infancy -> 15 years old
2. Conditional responsibility = 15 years and 1 day -> 18 years
3. Full responsibility = 18 years and over (adolescence) -> 70 (maturity)
4. Mitigated responsibility = 15 years and 1 day -> 18 (if the offender acted with
discernment); over 70 years of age (senility)
- Senility, although considered the second childhood, is only a mitigated
responsibility, unlike infancy which is exempting
● Child in conflict with the law - person is below 18 but not less than 15 years and 1 day
old
● Discernment - capacity of the child at the time of the commission of the offense to
understand the difference between right and wrong and the consequences of the
wrongful act
○ Determination of discernment takes into account the ability of the child to
understand the moral and psychological components of criminal responsibility
 and the consequences of the act, and whether the child can be held responsible
for antisocial behavior
○ Exception to the exemption: Mental capacity to understand the difference
between right and wrong, and such capacity may be known through the facts and
circumstances, the appearance, attitude, comportment and behavior of the minor,
not only before and during the commission of the act, but also after, and during
the trial
● Discernment vs Intent
○ Intent refers to the desired act
○ Discernment refers to the moral significance that a person prescribes to the act
● Discernment may be show through:
1. Manner of committing the crime
2. Conduct of the offender
● Presumption of minority
○ The child in conflict with the law enjoys the presumption of minority unless the
prosecution can prove he acted with discernment
○ Sec 7 states that in case of doubt as to the age of the child, it shall be
resolved in the child’s favor
● Determination of age - shall be determined according to the following rules
1. The best evidence to prove the age of a child is the original or certified true copy
of the birth certificate
2. In the absence of the birth certificate, similar authentic documents such as
baptismal certificates or school records, or any pertinent document that shows
the date of birth
3. In the absences of the documents under 1 and 2, due to loss, destruction, or
unavailability, the testimony of the child, a member of the family related to the
child by affinity or consanguinity who is qualified to testify, other persons, the
physical appearance of the child and other relevant evidence shall suffice
● Burden of proof of age
○ Falls on the person alleging the age of the child in conflict
○ If the age is contested prior to the filing of the information, a case for
determination of age may be filed before the Family Court
○ In all cases involving a child, the court shall make a categorical finding as to the
age of the child
● The allegation of “with intent to kill” in the information is sufficient allegation of
discernment