Minor who acts with discernment can be held criminally liable

Dear PAO,
Recently, there has been an increase in news reports about criminal activities committed by minors. It is unfortunate to see that most of these minors appear to escape accountability for their actions, despite the degree of vileness in their acts. Is there an instance where these minors can be held criminally liable for crimes that they may have committed?
Elvira

Dear Elvira,
The State recognizes the special condition or status of children who, at their young age, are still undergoing development as a person on various aspects, such as but not limited to physical, mental, emotional, and psychological. In view thereof, the State has a different standard on dealing with a child who is alleged, accused of, or adjudged as having committed an offense under Philippine laws — also known as child in conflict with the law (CICL). This different standard is embodied in Republic Act (RA) 9344 or the Juvenile Justice and Welfare Act of 2006. Section 6 of the said law provides:

«SEC. 6. Minimum Age of Criminal Responsibility. — A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
»A child above fifteen (15) years but below eighteen (18) years of age 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 subjected 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.»
Based on the foregoing, a child, meaning a person under the age of 18 years, is generally exempt from criminal liability. However, a child aged 16 to 17 can be held criminally liable when he or she acted with discernment. Now, when is a child considered as one who acted with discernment? This was explained thoroughly by the Supreme Court in the case of CICL XXX v. People of the Philippines (GR 238798, March 14, 2023, Ponente: Associate Justice