Dear PAO,

I love animals and offer my home to stray and abandoned dogs and cats. As of today, I have about 20 pets in my care. Last week, the children of my neighbor, two teenage boys, caught one of my dogs. They doused her with kerosene and set her on fire for a social media video. I tried to stop them, but I was too late. My poor dog died from her burns.

I immediately filed a complaint before the barangay. I wanted these boys to be sent to prison for killing my dog with such brutality and cruelty. Unfortunately, the barangay officials told me that it would not be possible because both boys are under 15 years of age. They even told me that these kids had brutally killed three cats a few months earlier. This cannot be true. These young people are truly cruel. Please tell me that they can still be imprisoned for killing defenseless animals.

Xiranna

Dear Xiranna,

Unfortunately, the barangay officers are correct. These teenage boys are free from criminal liability. However, this does not mean that they will go scot-free, as they may be subjected to an intervention program in order to correct their corrupt behavior. Moreover, they can still incur civil liability for their actions and be proceeded against in accordance with established laws and rules.

Indeed, Republic Act (RA) 9344, also known as “Juvenile Justice and Welfare Act of 2006,” states the age of criminal responsibility in the following:

“SEC. 6. 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 is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her birthdate.

“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 existing laws.” (as amended by RA 10630)

Thus, children who are 15 years of age or younger are exempt from criminal liability. This rule is based on the State’s policy of treating a child alleged, accused of, adjudged, or recognized as having infringed the penal law (referred to as a “child in conflict with the law”) in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s age and desirability of promoting his/her reintegration. For this purpose, children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care. (Sec. 3, RA 9344)

In your case, your neighbor’s children are both under 15 years of age when they committed the atrocious act on your pet. Accordingly, under the law, they are exempt from any criminal responsibility. They, however, will be rehabilitated through an appropriate intervention program and may still be held liable civilly. Do not lose hope.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.