The revised penal, civil and family codes list penalties for parents and guardians for offenses committed by children under their care.
The responsibility does not end with minors involved in crime.
In consideration Tacloban school shooting The incident that killed three students and injured 11 others, the law of child justice is now in the spotlight again.
Contrary to misinformation, children identified as offenders are still held accountable under the law – either through social welfare intervention or criminal complaints.
But apart from the penalties against young offenders, did you know that parents and guardians – and even schools – can face legal action for the offenses of minors?
Punishment for adults
Three different laws provide punishment for adults for crimes committed by children under their care.
Family law expert and Philippine College of Law Professor Flordeliza Vargas told Rappler that under Section 101 of the Law Revised Penal Code (RPC), as amended, civil liability for an offense may be transferred to parents or guardians who have legal authority and control over the offending child.
“In the cases of divisions 1, 2, and 3 of article 12, civil liability for acts committed by an ignorant or insane person, and by a person under nine years of age, or by a person over nine but under fifteen years of age, who has acted without recognition, will be given to those who have such a person under their legal authority or control, unless it appears fault or negligence on their part,” PC. 101 states.
Punishment for criminal liability means that a person can be imprisoned or pay a fine for a criminal offense committed. Civil liability, meanwhile, is a legal obligation that requires the party to pay the other party compensation or other remedies due to the harm he caused.
In other words, a civilly responsible person will not go to jail.
Especially, time Republic Act (RA) No. 9344 or the Juvenile Justice and Welfare Act of 2006as amended by RA number 10630provides exemptions from criminal liability for children, does not remove them from the field of claims for their wrongdoings.
“The exemption from criminal liability established here does not include the exemption from civil liability, which will be enforced in accordance with existing laws,” said Article 6 of the law.
For certain crimes, a person can be held criminally and civilly liable.
“Our law says that everyone who is criminally liable is also civilly liable,” said the Supreme Court in Dy vs. People of the Philippines in 2016.
More sources of punishment
Even of Family Code — which contains laws governing marriage, family, and relationships — provides a possible sentence for adults, according to National Lawyers Guild president Ephraim Cortez.
“Parents and other persons exercising parental authority shall be civilly liable for injuries and damages caused by the actions or inactions of their children without rights living in their company and under their parental authority based on the appropriate defense provided by law,” says Article 221 of the law.
An unaccompanied child is a child who is still dependent on his parents and is under the legal authority of his parent.
But this separate civil action must be filed and pursued by the other party against the wronged party. In the case of the Tacloban shooting, the guardians of the dead children – if they want – can take civil action against the guardians of the wronged children.
Even the Civil Code itself describes the responsibility of parents. Article 2180 of the Civil Code it says: “Guardians are responsible for damages caused by children or incompetent persons who are under their authority and who live with them.”
But parents can defend themselves if they can show that they used the effort to be a good parent of the family to “prevent damage such as giving the child proper moral guidance, discipline or that they could not have foreseen the act committed by the child,” said Vargas.
“They (parents) are expected to have managed and disciplined their child to act appropriately, teach them morals, etc. That is why they can raise the defense that they used the efforts of a good father of the family,” he added.
Even schools can be held responsible
Article 2180 of the Civil Code also states that school officials can be held responsible for offenses committed by children under their control.
“Finally, teachers or principals of arts and crafts institutions will be responsible for the damage caused by their students and students or apprentices, as long as they remain under their protection,” Article 2180 says.
“When children go to school, parents transfer their parental authority to the authority of the school and the teachers who have special parental authority,” Vargas told Rappler.
Like parents, school officials can defend themselves by arguing that they exercised reasonable care to prevent damage. – Rappler.com
