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1 TANAN..NEED HELP..PLEASE.. on Sat Mar 26, 2011 3:58 pm


Arresto Menor
Dear Ma'am/Sir,
May anak po akong lalaki..nagtanan po sila ng girlfriend niya..pwede po bang makasuhan ung anak ko ng family nung girl? They are just 15 years old.Thank you po!

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2 Re: TANAN..NEED HELP..PLEASE.. on Sun Mar 27, 2011 4:05 pm


Arresto Menor
Disclaimer: The advise that will be given by this is purely intended for academic purpose only, it is still best that you sought an advice from a member of the bar.

[justify]Now with regards to your question the controlling law it appears is RA 9344 Juvenile Justice & 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 offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.

A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.

if your son is 15 years old and below absolutely exempt from criminal liability but subject to intervention program, however if he is Over 15 yrs old but below 18 he is exempt from criminal liability & subject to intervention program program , if acted without discernment, however if acted with discernment he shall be subjected to the appropriate proceedings.

Let me cite some provisions of the Revised Penal Code which may be used against your son.

1) Offended party is a virgin;
2) She is over 12 and under 18 yrs.
of age;
3) Offender takes her away with her
consent, after solicitation or
cajolery from the offender;
4) The taking away is with lewd


1) Offended party is over 12 and
under 18 yrs. of age;
2) She is of good reputation, single
or widow;
3) Offender has sexual intercourse
with her;
4) It is committed by means of

ARTICLE 266-A. Rape
Elements of rape through sexual
intercourse without consent of the
woman: (Traditional Rape)

4) Offender is a man;
5) Offender had carnal knowledge of a
6) Such act is accomplished under any
of the following circumstances:
iv. By using force, threat or
v. When the woman is deprived of
reason or is otherwise
vi. By means of fraudulent
machination or grave abuse of
vii. When the woman is under 12
years of age (Statutory Rape) or
is demented.

This maybe the cases that your son may face in the future if he is over 15 less than 18 and acted with discernment.

For a more in-depth answer to your question it is Advise by this writer that you seek help from a member of the bar.

Please be guided Accordingly.


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