Department of Social Welfare and Development (DSWD) Secretary Rex Gatchalian said the agency will strictly implement Republic Act 9344, or the Juvenile Justice and Welfare Act, in handling the school shooting incident in Tacloban City, Leyte.

He said the law clearly outlines how children in conflict with the law (CICL) are processed, particularly those aged 15 to 18, depending on whether they acted with discernment.

“Una gusto kong linawin na ang batas natin, napakalinaw ang mga dapat gawin. Marami kasi nagsasabi na baka hindi maparusahan ang dapat maparusahan—quite the contrary. Nakalagay sa batas na ‘pag 15 years old ka pero mababa sa 18 years old, ‘yung criminal liability, hindi ‘yan uubra lalo na kung may discernment (First, I want to clarify that our law is very clear on what needs to be done. Many people are saying that those who should be punished might not be punished—quite the contrary. The law states that if you are 15 years old but below 18, criminal liability does not automatically apply, especially if there is discernment),” he said in a radio interview on Tuesday, June 23.

“Ibig sabihin alam ng bata ‘yung ginagawa niya ay mali at alam niya ang may consequences. So sasampahan niyan ng kaso sa korte. Ide-determine ng korte ang discernment ng bata at kung mapapatunayan na mayroong discernment, alam niya ang ginagawa niya (This means the child knows that what he is doing is wrong and that there are consequences. So a case will be filed in court. The court will determine the child’s discernment, and if it is proven that there is discernment, that he knew what he was doing),” he added.

He explained that courts determine discernment, or whether the child understood the nature and consequences of the act, which will guide the legal process.

Under the law, CICL are taken into custody and turned over to authorities through a court order, voluntary surrender by parents, or referral from local social welfare offices.

Gatchalian said CICLs are removed from their communities and placed in facilities such as Bahay Pag-asa or other youth rehabilitation centers under the DSWD.

“Hindi sila maiiwan sa kanilang komunidad. Kukunin namin sila. When I say kukunin, ibibigay sila sa amin ng korte whether involuntary or kung yung mga magulang nila, voluntary na iso-surrender sa atin or kung yung recommendation ng local social welfare (They will not be left in their communities. We will take them. When I say take them, they will be turned over to us by the court, whether involuntarily or if their parents voluntarily surrender them to us, or through the recommendation of the local social welfare office),” he said.

“In both cases, mawawala sila sa komunidad nila. Ilalagay sila sa Bahay Pag-asa o Rehabilitation Center for the Youth kung saan dadaan sila sa masusing intervention o diversion plan kung tawagin para masigurado natin na angkop yung intervention (In both cases, they will be removed from their communities. They will be placed in a Bahay Pag-asa or a youth rehabilitation center where they will undergo a thorough intervention or what is called a diversion plan to ensure that the intervention is appropriate),” he added.

Diversion procedures apply depending on the case. It means alternative processes that allow certain CICL cases to be resolved without full court proceedings, and may be conducted at the barangay, police, prosecutor, or court level depending on the gravity of the offense.

In a related development, the DSWD Field Office 8 in Eastern Visayas has extended assistance to victims and survivors of the incident at San Jose National High School.

A total of ₱100,000 was provided to nine injured individuals, while three bereaved families received ₱10,000 each under the Assistance to Individuals in Crisis Situation program.

Psychosocial first aid was also given to 35 students, two bereaved parents, and 11 parents of injured students.

A case conference is scheduled with the Regional Juvenile Justice and Welfare Committee 8, Tacloban City Social Welfare and Development Office, Public Attorney’s Office, and Regional Prosecutor’s Office to discuss case management for the two minors involved in the incident.