TACLOBAN — A 15-year-old suspect in the San Jose National High School shooting in Tacloban will face trial if found to have acted with discernment, while a 14-year-old suspect will be committed to a child protection facility, Brigadier General Jason Capoy stated on June 27, 2026. Capoy is the regional director of the Philippine National Police in Eastern Visayas.

The shooting in June 2026 killed three students and injured 20 others. Police charged the 15-year-old suspect with murder, attempted murder, and multiple counts of serious physical injuries after stating the two suspects planned the attack in advance. Police are considering bullying and possible online influences as motives.

Capoy said individuals aged 15 years and one day or older are considered above 15 under the law. If social welfare authorities determine a suspect over 15 acted with discernment, they will undergo a regular formal trial while observing child protection protocols.

The Juvenile Justice and Welfare Act of 2006 established a specialized justice system for children and teenagers under 18 accused of a crime. Section six of the Act stipulates that minors convicted of a crime are exempt from criminal liability but face different legal procedures and civil liabilities. Minors aged over 15 to under 18 are assessed to determine whether they acted with discernment. Those found to have acted with discernment may face criminal proceedings under the regular juvenile justice system if diversion is not available or proves unsuccessful.

Maria Luisa Villarin, the Deputy Executive Director of the Humanitarian Legal Assistance Foundation, commented on this distinction. "Children do not receive a 'free pass' simply because they are below the minimum age of criminal responsibility," Villarin said on June 24. "For children who are more than 12 years old but not more than 15 years old and who commit the serious offences enumerated under the law, accountability is even more intensive." Villarin also stated that children aged more than 12 but not more than 15 who commit serious offenses may be placed in secure youth care facilities for long-term rehabilitation.

Children aged 12 and below are not subjected to criminal prosecution but undergo mandatory intervention programs supervised by social welfare authorities. These programs may include counselling, psychological assessment, educational support, or placement in a child-caring institution. Rommel Alim Abitria, a criminal law expert, said, "It's important to note that this was never about excusing wrongdoing -- it's about making sure children are held accountable in a way that reflects their age, capacity and potential for reform."

Both suspects are currently being held in secure youth care facilities under the supervision of police and social welfare authorities.