In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall be THE CHILD AND YOUTH WELFARE CODE civilly liable in proportion to the benefit which they may have Article 58. Torts. - Parents and guardians are responsible for the received. damage caused by the child under their parental authority in The courts shall determine, in sound discretion, the proportionate accordance with the Civil Code. amount for which each one shall be liable. Article 201. Civil Liability of Youthful Offenders. - The civil liability When the respective shares cannot be equitably determined, even for acts committed by a youthful offender shall devolve upon the approximately, or when the liability also attaches to the Government, offender's father and, in case of his death or incapacity, upon the or to the majority of the inhabitants of the town, and, in all events, mother, or in case of her death or incapacity, upon the guardian. whenever the damages have been caused with the consent of the Civil liability may also be voluntarily assumed by a relative or family authorities or their agents, indemnification shall be made in the friend of the youthful offender. manner prescribed by special laws or regulations. Third. In cases falling within subdivisions 5 and 6 of Article 12, the THE FAMILY CODE OF THE PHILIPPINES persons using violence or causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act Art. 218. The school, its administrators and teachers, or the shall be liable, saving always to the latter that part of their property individual, entity or institution engaged in child are shall have special exempt from execution. parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities A.M. No. 02-1-18-SC whether inside or outside the premises of the school, entity or RULE ON JUVENILES IN CONFLICT WITH THE LAW institution. Section 5. Determination of Age. - The child in conflict with the law Art. 219. Those given the authority and responsibility under the shall enjoy the presumption of minority and shall enjoy all the rights preceding Article shall be principally and solidarily liable for of a child in conflict with the law until proven to be eighteen years old damages caused by the acts or omissions of the unemancipated or older at the time of the commission of the offense. The age of the minor. The parents, judicial guardians or the persons exercising child shall be determined according to the following rules: substitute parental authority over said minor shall be subsidiarily liable. (1) The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth; The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the (2) In the absence of a certificate of live birth, similar authentic proper diligence required under the particular circumstances. documents such as baptismal certificates and school records or any pertinent document that shows the date of birth of the child; All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (3) In the absence of the documents under paragraphs 1 and 2 of this section due to loss, destruction or unavailability, the testimony of Art. 221. Parents and other persons exercising parental authority the child, the testimony of a member of the family related to the child shall be civilly liable for the injuries and damages caused by the acts by affinity or consanguinity who is qualified to testify on matters or omissions of their unemancipated children living in their company respecting pedigree such as the exact age or date of birth of the and under their parental authority subject to the appropriate child pursuant to Sec.40, Rule 130 of the Rules on Evidence, the defenses provided by law. testimonies of the other persons, the physical appearance of the Art. 233. The person exercising substitute parental authority shall child and other relevant evidence, shall suffice. have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher of individual REPUBLIC ACT No. 9344 engaged in child care exercising special parental authority inflict corporal punishment upon the child. Juvenile Justice and Welfare Act of 2006 SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the THE REVISED PENAL CODE offense shall be exempt from criminal liability. However, the child Article 101. Rules regarding civil liability in certain cases. - The shall be subjected to an intervention program pursuant to Section 20 exemption from criminal liability established in subdivisions 1, 2, 3, 5 of this Act. and 6 of Article 12 and in subdivision 4 of Article 11 of this Code A child above fifteen (15) years but below eighteen (18) years of age does not include exemption from civil liability, which shall be shall likewise be exempt from criminal liability and be subjected to enforced subject to the following rules: an intervention program, unless he/she has acted with discernment, First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil in which case, such child shall be subjected to the appropriate liability for acts committed by an imbecile or insane person, and by a proceedings in accordance with this Act. person under nine years of age, or by one over nine but under The exemption from criminal liability herein established does not fifteen years of age, who has acted without discernment, shall include exemption from civil liability, which shall be enforced in devolve upon those having such person under their legal authority or accordance with existing laws. control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.