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Aid of minor under 15 yo, A14(20) Revised Penal Code

1. Concept

Aid of minor under 15 years old, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender employed the aid or assistance of a minor under 15 years old to commit a crime.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, airships, or other similar means.

(Revised Penal Code)

2. Aid of persons under 15 years old

For the aggravating circumstance of with the aid of under 15 years old, the offender committed the crime with the aid, help, assistance, or support of a minor under 15 years of age.

a. Offender is liable

The liability is on the offender who committed the crime or offense, regardless of the degree in participation. That is to say, even if the offender acted only as a mastermind and employed minors under 15 years old to commit the crime, the offender is still liable – despite and notwithstanding the fact that the minors are nor criminally liable. (See below)

b. No liability for minor

For the minor under 15 years of age who aided or helped in committing the crime, there is no criminal liability as it is a justifying circumstance under the Revised Penal Code, as amended by R.A. 9344, Juvenile Justice Welfare Act of 2006)

See related:

• Minority or seniority, A13(2) [Mitigating Circumstance] Revised Penal Code

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