SC issued guidelines for determining the accountability of juvenile offenders

The Supreme Court of the Philippines has released guidelines aimed at establishing a clear process for determining the accountability of minors who have engaged in criminal activities. Recognizing the distinct standards applicable to juvenile offenders, the court underscores the importance of a systematic approach to assessing the capacity of children in conflict with the law to comprehend the distinction between right and wrong, as well as the repercussions of their actions. Central to this determination is the concept of “discernment,” which refers to the child’s ability to grasp the moral and psychological aspects of criminal responsibility.

The responsibility of evaluating a minor’s discernment rests initially with a social worker, followed by a final assessment by the court. While the social worker’s evaluation serves as evidence, it is not binding on the court, which retains the authority to make its own determination based on a comprehensive examination of the facts and circumstances of each case. Importantly, the court stresses that there is no presumption of discernment in minors, and the prosecution bears the burden of proving beyond a reasonable doubt, through either direct or circumstantial evidence, that the minor acted with discernment.

In assessing discernment, courts are instructed to consider a wide range of factors, including the minor’s demeanor and behavior before, during, and after the commission of the offense, as well as the nature of the crime, the minor’s level of cunning, any attempts to obstruct justice or dispose of evidence, and other relevant indicators. By examining the totality of the circumstances, the court aims to ensure a fair and thorough evaluation of a minor’s accountability in criminal proceedings.

News: SC issued guidelines for determining the accountability of juvenile offenders