SC sets guidelines for determining children's discernment in criminal acts

MANILA, Philippines — Children are not always assumed to have the ability to make sound judgments in criminal offenses, the Supreme Court (SC) said.

In a decision by the high court released on Wednesday, it said that children with their “malleable and developing minds” do not always discern the acts that they commit. 

“We are cognizant, however, that children, with their malleable and developing minds, may not yet have the same level of awareness on the concept of right and wrong,” the 26-page decision read. 

In determining the criminal liability of a minor, the SC set the following guidelines: 

The high court stated that the guidelines summarized the carefully constructed rules and principles for handling children in conflict with the law, “taking into account their rights and special circumstances.”

The SC released the guidelines following a 17-year-old nursing student who was convicted of homicide by the regional trial court (RTC) for the death of an individual.

The victim, whom the high court named AAA, was found lying in front of their gate with a bloodied face and eyes. 

AAA accused the nursing student, whom the court named CICL XXX, to have struck his eyes. After the incident, the hospital found that AAA had massive cerebral contusions and bleeding in spaces in the brain “which may have been caused by any force or object hard enough to cause damage to the brain.”

AAA was discharged from the hospital in a vegetative state and later passed away on Nov. 26, 2008, after five years of being bedridden.

Due to the victim’s death, the RTC found CICL XXX guilty of homicide on Feb. 28, 2014. 

The decision was also affirmed by the Court of Appeals which prompted the nursing student to file a petition before the high court. 

The Supreme Court (SC) affirmed the findings of both the Regional Trial Court (RTC) and the Court of Appeals (CA), asserting that the juvenile in conflict with the law (CICL XXX) exhibited all the essential elements of homicide. This determination considered the "facts and circumstances," including the brutal nature of the assault, the specific time and location chosen, the attempt to silence the victim who had previously served as a witness, and