The recent school shooting in Tacloban City, which left three people dead and 20 others injured, has raised questions about what happens to minors involved in crimes.

According to the Department of Social Welfare and Development (DSWD), minors involved in crimes fall under the jurisdiction of the DSWD, with the Local Social Welfare and Development Office (LSWDO) operating on the ground.

Being a minor does not exempt them from criminal liability, but the DSWD is primarily responsible for facilitating interventions that restore and rehabilitate children, in accordance with Republic Act No. 9344, or the Juvenile Justice and Welfare Act of 2006.

After eight hours of apprehension, minors are turned over to the custody of the LSWDO or an accredited non-governmental organization. The social worker in charge will contact the child's parents or guardians and inform them of the apprehension.

The social worker shall then explain the situation in simpler terms to them, including the child, and discuss the consequences of the child's act, with a view towards counseling and rehabilitation, diversion from the criminal justice system, and reparation, if appropriate.

The child will also undergo a physical and mental examination, and medical treatment if necessary. When the initial investigation starts, the social worker should be present when the child's statement is taken, along with their legal counsel and parents or guardians.

It is then up to the social worker to determine the next steps based on the child's age and if they acted with discernment. Depending on the results, the child will proceed to either an intervention program or diversion.

CICLs aged 15 and below, as well as those between 15 and 18 who are found to have acted without discernment, are to be released to their parents or guardians and enrolled in a community-based intervention program.

The law defines intervention as a series of activities which are designed to address issues that caused the child to commit an offense. It could be in the form of individualized treatment programs such as counseling, skills training, education, and other activities that will enhance the child's psychological, emotional, and psycho-social well-being.

In the case of the Tacloban shooting, the 14-year-old Grade 10 student will undergo this process.

Local government units (LGUs) will administer this by providing community-based services addressing the needs and concerns of the child, as well as counseling services for their parents and guardians.

The program consists of three levels: Primary intervention, which includes general measures to promote social justice and equal opportunity, as well as the perceived root causes of the offense; Secondary intervention, which includes measures to assist children at risk; and Tertiary intervention, which includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending.

On the other hand, diversion refers to an alternative, child-friendly process of determining responsibility without need of formal court proceedings.

The social worker proceeds to this option for the following cases: CICLs above 15 but below 18 years of age who acted with discernment; victimless crimes with an imposable penalty of less than six years; and CICLs who have allegedly committed an offense with an imposable penalty of less than six years.

Each case needs a different approach, with the social worker either assisting or leading the process. The child's parents or guardians should always be present in the creation and implementation of the diversion program.

There are different kinds of diversion programs, including written or oral apologies, counseling and supervision orders, participation in trainings and lectures, and reparation for the damage caused, among others.

In cases where the child cannot be returned to their parent or guardian, must await court disposition, or is ordered to undergo rehabilitation, they are placed in a Bahay Pag-asa (House of Hope), a youth care facility managed by LGUs and accredited by the DSWD.

It is not a jail. It is mainly a rehabilitation center offering short-term treatment and counseling for children.