Liability of a 13-Year Old Alleged Rapist

On July 25, 2017, GMA News reported that a 5-year old was allegedly raped and killed by a 13-year old.  The victim's parents wanted to have the suspect behind bars.

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Image grabbed from http://blogwatch.tv/2017/01/children-not-criminals/

The question that may be asked is whether or not the teen suspect can be placed behind bars.  As provided in Section 6 of Republic Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006", thus:

"Sec. 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 this Act."

Under R.A. No. 9344, the child 15 years or under at the time of the commission of the offense shall be EXEMPT from criminal liability.  Hence, in this case, the alleged 13-year old suspect is not criminally liable of his act.

What is the relevance of "at the time of the commission of the offense"?

It must be noted that at the time when the crime was committed, the suspect must be 15 years of age or below.  Even if the alleged suspect was already of age at the time the case was filed, he is still exempt from criminal liability because at the time he allegedly committed the offense he was still below 15.

A child is 15 years old on the day of his 15th birthday.  Thus, a day after a child's 15th day birthday, he is already above 15 years old.

In this case, the liability of the teen suspect is only civil but he shall be subjected to an intervention program in accordance with law. #

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