15-year-old charged, 14-year-old exempt: Teen shooters under DSWD custody

Criminal complaints have been filed against the 15-year-old student in connection with the shooting at San Jose National High School in Tacloban City that left three students dead and others wounded on 22 June, authorities said.

Investigators said they are still working to establish the full circumstances behind the attack, including reports of prior conflicts among students.

Interior and Local Government Secretary Jonvic Remulla said early information suggests the incident may have stemmed from bullying, although he stressed that the probe was ongoing.

“Based on initial feedback, this appears to be a bullying gone wrong. The two students were reportedly being bullied, and there was also influence from video games,” Remulla said in an interview at Camp Crame on Wednesday.

He said the case underscored the need to strengthen school safety measures and address broader issues affecting learners.

“The jurisdiction of the PNP is outside the school, not inside. Inside the school, it is the principal who has authority. But we really need to review our policies to ensure issues like bullying are properly addressed,” he said.

PNP chief P/Gen. Jose Melencio Nartatez Jr. said police have referred criminal complaints against the 15-year-old suspect identified only as “Rod” to the local prosecutor’s office. The charges include three counts of murder, frustrated murder, and multiple counts of serious physical injuries.

The second minor, alias “Nash,” 14, would not be charged, authorities said.

Authorities explained the difference in their treatment was based on Republic Act 9344, or the Juvenile Justice and Welfare Act, which provides that children 15 years old and under at the time of the offense are exempt from criminal liability and are instead placed under intervention and rehabilitation programs supervised by the Department of Social Welfare and Development (DSWD) and local government units.

In contrast, minors over 15 but under 18 may be held criminally liable if prosecutors establish “discernment,” or proof that the child understood the nature and consequences of the act.

Police said the two Grade 9 students allegedly opened fire inside a classroom, killing three students and wounding several others.

Earlier, authorities said initial findings indicated the suspects had planned the attack.

DSWD: Rehabilitation to take years

The DSWD said Wednesday the assessment and rehabilitation of the two minors may take several years while they remain under the agency’s custody.

Social Welfare Secretary Rex Gatchalian said both suspects are currently undergoing intervention at the agency’s Rehabilitation Center for Children in Conflict with the Law.

“The 14-year-old has interventions immediately,” Gatchalian said in an interview.

He added that rehabilitation will be long-term before any decision is made on the child’s future.

“We will make sure that he is rehabilitated before any decision is made on what will be done with him, but it will take years,” he said.

Discernment under review for older suspect

Gatchalian said the 15-year-old will undergo separate legal and psychosocial evaluations to determine if he acted with discernment — whether he understood the nature and consequences of his actions.

“Did he know what he was doing? Does he know what is right and what is wrong? What are the consequences?” he said.

If discernment is established, Gatchalian said the minor may face criminal charges.

“If it is proven that he has discernment, he will be charged and will have criminal liability; there will be a criminal case against him,” he said, adding that the courts will ultimately decide the case.

He said the process may also involve diversion proceedings focused on restorative justice if warranted.

“We need to make sure that there is remorse. That means, has he apologized for what he did, and will he make amends for it? Does he understand it? That is the next step,” he said.

Both minors will remain under DSWD custody while legal and social assessments continue.

Gatchalian said if the older suspect is found to have acted with discernment, criminal liability may attach, which could lead to his detention depending on court rulings once he reaches the age of majority.