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DOJ: Prosecutors have final say on minor’s discernment

  • September 4, 2026

By ABOGADO.COM.PH Staff

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Government prosecutors have the final say in determining whether a child in conflict with the law (CICL) understood the difference between right and wrong before committing an offense.

Justice Undersecretary Ian Norman Dato made the clarification as he explained why the 15-year-old suspect in the June 22 school shooting in Tacloban City was criminally charged, while his 14-year-old companion was placed under the custody of the Department of Social Welfare and Development (DSWD) for intervention.

Under the juvenile justice system, the initial assessment of a child’s discernment is made by the local social welfare and development office or the DSWD.

But Dato said prosecutors are not bound by that assessment.

“But that determination is not binding on the prosecutors. So the prosecutors still make their own determination as to the discernment of the CICL,” he said.

Dato said prosecutors generally look at whether the child had the ability to distinguish right from wrong and still chose to commit the wrongful act.

“So if the CICL has shown his ability to distinguish between right and wrong, and still proceeded to commit the wrong,” he said.

Asked whether a child psychologist’s assessment is considered in determining discernment, Dato said prosecutors examine all available documentary evidence, including psychological reports.

“I believe as in this case, yes, the prosecutors have looked into the entirety of the documentary evidence. I believe some psychological reports have been looked into,” Dato said.

The 15-year-old suspect was earlier charged after prosecutors found that he acted with discernment in the Tacloban school shooting.

The 14-year-old suspect, meanwhile, is exempt from criminal liability because of his age and remains under DSWD custody at the same rehabilitation facility, where he is undergoing intervention programs based on the assessment of social workers.#

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