MANILA, Philippines: THE Supreme Court (SC) has issued guidelines in determining the accountability of minors who have committed crimes.

According to the SC, there is a different standard in determining a minor's culpability for crimes, hence the need for guidelines to streamline the "discernment determination process" for crimes involving children in conflict with the law.

Thus, according to the Court, determining "discernment" or the capacity of the child at the time of the commission of the offense to understand the difference between right and wrong and the consequences of the wrongful act is a key factor in determining accountability.

It added that the task of ascertaining discernment is done preliminarily by a social worker, and finally by the court.

In determining accountability, the Court said the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act shall be taken into account.

Whether a child can be held responsible for essentially antisocial behavior shall also be taken into consideration.

However, the Court pointed out that the social worker's assessment is merely evidentiary and is not binding upon the court.

It stressed that, ultimately, the court finally determines discernment, based on its own appreciation of all the facts and circumstances in each case.

The SC noted that there is no presumption that a minor acts with discernment and that the prosecution must specifically prove as a separate circumstance that the alleged crime was committed with discernment.

According to the Court, for a minor at such an age to be criminally liable, the prosecution is burdened to prove beyond reasonable doubt, by direct or circumstantial evidence that the minor acted with discernment.

In determining discernment, courts shall consider the totality of facts and circumstances in each case.

This includes the very appearance, the very attitude, the very comportment and behavior of the minor, not only before and during the commission of the act, but also after and even during trial.

The courts shall also take into consideration the gruesome nature of the crime, the minor's cunning and shrewdness, the utterances of the minor, the minor's overt acts before, during and after the commission of the crime, the nature of the weapon used, the minor's attempt to silence a witness, and the disposal of evidence.

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