The 15-year-old suspect in the fatal school shooting in Tacloban City could still face imprisonment if authorities determine that rehabilitation efforts have failed by the time the child reaches the age of majority, Department of Social Welfare and Development (DSWD) Secretary Rex Gatchalian said.

Speaking on News Watch Plus’ “The Newsmaker” on Friday, June 26, Gatchalian clarified that while the Juvenile Justice and Welfare Act requires children in conflict with the law (CICL) to undergo age-appropriate interventions, it does not exempt them from accountability.

“Pagdating doon sa 15-year-old, yung mas mataas yung edad at may discernment—in this case the mere fact na nag-file na ng complaint ay may discernment siya but of course the court has to either uphold that or review that—may criminal liability na (For the 15-year-old, who is older and has discernment—in this case, the mere fact that a complaint has been filed indicates discernment, although the court still has to uphold or review that—the child already has criminal liability),” Gatchalian explained.

“In most cases, dahil below 18 pa siya, pag nakitang guilty siya, may suspended sentence. Mamamalagi siya doon sa rehabilitation center namin where [the 15-year-old suspect] will go through a diversion plan (In most cases, because the child is still below 18, if found guilty, the sentence is suspended. The child will stay in our rehabilitation center where a diversion plan will be implemented),” he added.

The Social Welfare secretary said the child's rehabilitation will be regularly evaluated, with reports submitted to the court.

“Pag napagkasunduan na by age of majority na hindi siya na-reform, then makukulong siya (If it is determined by the time the child reaches the age of majority that rehabilitation has failed, then the child will be imprisoned),” he said.

Gatchalian also said the 14-year-old suspect, despite being below the minimum age of criminal responsibility, will remain under DSWD custody and will not be allowed to return to the community.

“‘Yung case ng 14-year-old, kahit wala pa siyang criminal liability, wala na rin siya sa komunidad niya. Hindi na siya babalik doon. For his safety and for the community's safety, nasa amin na siya (In the case of the 14-year-old, even though the child has no criminal liability, the child is no longer in the community and will not return there. For the child's safety and the community's safety, the child is now under our custody),” the DSWD chief explained.

He said the intervention plan for the younger suspect will depend on the assessment of DSWD social workers and case managers.

“Depende na rin yan sa magiging intervention plan at sa assessment ng mga social worker. Pag nakita nila na walang improvement, mayroon kaming cases na nasa amin siya. Parang inilagay ka rin in detention pero sa Bahay Pag-asa o Regional Rehabilitation Center for Youth (That will depend on the intervention plan and the assessment of our social workers. If they see no improvement, we have cases where the child remains under our care. It is similar to detention, but in a Bahay Pag-asa or Regional Rehabilitation Center for Youth),” he added.

Gatchalian assured that the Regional Rehabilitation Center for Youth and local government-run Bahay Pag-asa facilities provide age-appropriate interventions that comply with the Juvenile Justice and Welfare Act.