When minors misbehave

By Atty. Eduardo T. Reyes III

Reports about minors misbehaving in Iloilo City have swirled on social media the past few days. There is this ruckus that minors caused in Gaisano shopping mall compound when groups of youths were recorded to be punching and hurting each other; and, then on a separate incident, students were seen climbing the center island iron grills at Diversion Road to cross the very busy highway. These incidents happened in Mandurriao district which is considered the business hub in Iloilo City.

Footages of these events involving minors have been shared and commented over social media causing alarm on the dangers that minors can cause to others and those they can pose even to themselves.

When minor’s acts cause havoc to others, who is responsible?

On criminal liability 

First, as to criminal liability, Philippine law adheres to the principle that “criminal liability is personal” and not vicarious. Thus, when a minor’s act constitutes as a crime, then only the minor can answer for it criminally. The Philippine Juvenile Justice and Welfare Act of 2006 (RA 9344) will deal with the special concerns of the minor (more accurately called “child in conflict with the law”) by not treating them like ordinary criminals, but by applying special rules.

On civil liability

                Second, as to civil liability, however, the more responsible adults must bear the costs of damages caused by the minor.  Of course, parents of the minors have primary responsibility over their actions but when they are under the supervision of their school and/or teachers, then the latter may also be liable.

Here are some frequently asked questions on the topic:

Q:Is substitute parental authority and responsibility over the children limited to school premises?

A: No. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (Art. 218, par. 2, Family Code [FC])

Q: What is the extent and nature of the liability of the school, entity or institution? What about the parents and legal guardians?

A: Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.  (Art. 219, FC) 

Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (Art. 221, FC)

Q: Is there a possible defense by the parents and those exercising substitute parental authority in respect to damages caused by the child?

A: Yes. “The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.” (Art. 219, FC)

Q: A 16-year old student was cutting down a banana plant on the side of the Maharlika Highway upon the instructions of the school principal. The banana plant fell and hit a person driving a motorcycle on the road causing the latter to fall leading to serious head injuries that eventually led to death. Who is liable for the death of the motorist? The principal or the parents of the 16-year old student?

A: The principal shall be held primarily liable as the incident occurred while under the principal’s custody and direct supervision. While the parents may be held subsidiarily liable pursuant to Article 219 of the Family Code. (Gil Apolinario v. Heirs of Francisco De Los Santos, G.R. No. 219686, November 27, 2024) 

Q: Arising out of a punching incident which amounted to bullying among grade school students, the parents of the victim complained to the school but it did not act accordingly to address the bullying. Is the school liable?

A: A school is liable for failing to provide a “conducive atmosphere for learning where there are no constant threats to the life and limbs of the students. Thus the school must ensure the maintenance of peace and order within the campus.” This arises from a “built-in” obligation of every school which is predicated in Articles 1156 and 1157 of the New Civil Code (ie., contract) and not from quasi-delict. (Mother Goose Special School System, Inc. v. Spouses Samuel Palaganas and Villa Palaganas, G.R. No. 267331, January 20, 2025).

While Philippine laws may have fairly adequate remedies in-place to address the mess that minors may create, still, prevention is still better than cure. Thus, it is important that children are taught well and shown good manners and right conduct beginning from their homes and complemented in school.

It is said that the best way to show children the right way to do things is for adults to do it themselves.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).