POLICE have filed murder charges against a 15-year-old Grade 9 student for the June 22 shooting at San Jose National High School in Tacloban City that left three students dead and 20 others injured.
The complaint, lodged through inquest proceedings before the Office of the City Prosecutor of Tacloban, includes three counts of murder, three counts of frustrated murder and multiple counts of serious physical injuries.
The suspect and witnesses appeared at the Bulwagan ng Katarungan on Tuesday night as authorities continued their investigation into one of the deadliest incidents of school-related violence.
The suspect’s 14-year-old companion remains under the custody of the Department of Social Welfare and Development (DSWD) and will undergo intervention measures at the Regional Rehabilitation Center for Youth in Tanauan, Leyte.
Authorities said no criminal charges were filed against the younger minor because he is exempt from criminal liability under existing laws governing children in conflict with the law.
Under Republic Act 10630, which strengthened the country’s juvenile justice system, a child age 15 years or below at the time of the commission of an offense is exempt from criminal liability but will be subjected to an intervention program.
The law further states that a child is deemed to be 15 years old on the day of the 15th anniversary of his or her birth date.
Police said both minors tested positive for gunpowder nitrates, while firearms recovered from them also yielded positive results for gunpowder residue.
Police Regional Office-8 director Brig. Gen. Jason Capoy said investigators are pursuing the case with fairness and due process.
“We remain committed to establishing the truth and ensuring accountability under the law,” Capoy said.
Tacloban Mayor Alfred Romualdez expressed his sympathies to the families and assured the public that “the city government remains committed to ensuring that a thorough investigation is conducted and that justice is served.”
Leyte Rep. Ferdinand Martin Romualdez visited the wake of the slain students on Tuesday night to extend condolences to their grieving families.
He also assured the bereaved families that they are not alone in their grief and pledged continued support as they seek justice for their loved ones.
Officials called on the public to unite in supporting the victims and their families while authorities work to prevent similar tragedies from happening again in schools and communities.
Discernment is key
Whether the 15-year-old suspect can be held criminally liable and imprisoned will depend on whether prosecutors can prove he acted with “discernment,” a legal expert said on Wednesday.
Legal expert Melissa Loja said the filing of murder charges against the minor is possible under Republic Act 9344, or the Juvenile Justice and Welfare Act, which provides that children above 15 but below 18 years old may be held criminally liable if they are found to have acted with discernment.
“Yes, the 15-year-old suspect can be charged. He is 15 years old, and under Republic Act 9344, a child above 15 but below 18 is exempt from criminal liability unless he acted with discernment,” Loja told The Manila Times.
She said discernment refers to a child’s ability at the time of the offense to understand the difference between right and wrong, and the consequences of the wrongful act, citing a 2023 Supreme Court ruling.
The ruling clarified that discernment cannot be presumed in cases involving children in conflict with the law. Prosecutors must prove it as a separate circumstance beyond reasonable doubt, while the final determination rests with the court based on the circumstances surrounding the case.
Among the factors courts may consider are the child’s behavior before, during and after the offense, the nature and severity of the act, the use of weapons, attempts to conceal evidence, and signs of planning or cunning.
Loja said discernment is different from intent. A minor may understand what he wanted to do, but the law requires proof that he also understood the wrongfulness and consequences of the act.
She said the defense may raise the possibility that the suspects were influenced or “groomed” online, which could become relevant in assessing whether they possessed the moral capacity to recognize the consequences of their actions.
The Supreme Court has previously ruled that discernment may be established through circumstantial evidence, citing factors such as the manner of committing the crime, the use of threats and efforts to avoid accountability.
Loja said the ultimate decision will rest with the trial court.
‘Bullying gone wrong’
Local Government Secretary Jonvic Remulla on Wednesday said preliminary investigation on the school shooting suggested a case of “bullying gone wrong” further aggravated by the minor suspects’ exposure to a violent online game.
He added that the police are looking at the culpability of the aunt and the parents who were the sources of the firearm used.
One of the guns used was not registered and bore a fake serial number, he said.
“The mere fact that the minors had access to the guns, makes those who own the guns culpable,” he said in Filipino.
Lapses highlighted
Sen. Raffy Tulfo expressed deep concern over the shooting, which he said highlighted lapses not only on the part of the school and parents but also the Department of Education (DepEd), which is responsible for ensuring student safety.
“I have repeatedly urged the Department of Education to address the growing incidents of violence in schools and strengthen campus security by deploying security guards equipped with metal detectors to inspect students’ belongings before they enter school premises,” Tulfo said.
“It is unfortunate that this recommendation appears to have gone without immediate action. It is clear that the DepEd fell short in ensuring the safety and protection of our students.”
Tulfo noted that he first raised the proposal during a Senate Committee on Basic Education hearing on Aug. 12, 2025, following two separate school shooting incidents that month in Lanao del Sur and Nueva Ecija. During the hearing, he urged DepEd officials to deploy security guards with metal detectors in public schools, a recommendation that was supported by the department.
He also renewed calls for stronger anti-bullying and security measures during a Senate hearing on March 17, 2026, including the mandatory installation of CCTV cameras in classrooms and common areas. However, Tulfo said many of these recommendations remain unimplemented despite the issuance of DepEd Memorandum Order 90, s. 2025.
“We should not wait for more people to get hurt or for more lives to be lost before taking action,” he said.
Age proposal scored
The opposition Akbayan party-list on Wednesday slammed the suggestion of Sen. Robinhood Padilla to lower the age of criminal responsibility from 15 to 10, following the school shooting in Tacloban City.
In a statement, the party-list accused Padilla of “exploiting a tragedy to advance a misguided proposal” and even cited his role in the escape last month of Sen. Ronald “Bato” dela Rosa, who is wanted by the International Criminal Court for crimes against humanity.
“Robin wants to jail 10-year-olds, but he helped the 64-year-old Bato dela Rosa — who is accused of being a mass murderer — escape. Prison for children, but freedom for Bato? What kind of thinking is that?” Akbayan president Rafaela David said in Filipino, and referring to dela Rosa by his nickname.
David said jailing children who are too young and who cannot fully grasp right from wrong is not rehabilitation.
“Did Robin even read the law? The Juvenile Justice and Welfare Act holds minors who commit crimes, especially heinous ones, accountable. In fact, minors ages 15 and above may be held criminally liable if proven to have acted with discernment, while those below 15 can be deprived of liberty as they undergo intensive intervention and rehabilitation programs,” she said.
The opposition party-list said it stands with the families of the victims, but warned against the exploitation of public grief to “justify draconian policies that could make schools and communities more unsafe.”
Visits to the families
Social Welfare Secretary Rex Gatchalian on Wednesday visited the wake of the three students who were killed in the school shooting.“President Ferdinand Marcos Jr. sent me here because the entire country was shocked by what happened, and from the very beginning we immediately deployed our social workers to the bereaved families and our hospital social workers to the injured, and we will stay with them until the very end,” Gatchalian told the local media.
The DSWD chief first visited the family of Chris Lorenz Fabian, the 15-year-old Boy Scout who was fatally shot while trying to prevent one of the suspects from entering their classroom.
“The suspect is now under our custody and is not free because he has been turned over to us and is currently in one of our facilities, and I assure you that under the law he should no longer remain in the community and will not return to his home,” Gatchalian said.
He also assured the bereaved families that the DSWD would shoulder funeral assistance and continue providing psychosocial interventions to help them recover from the tragedy.
“That is also why we are here because we will take care of all the funeral arrangements, and we will also leave our social workers to continue assisting the family,” he added.
The DSWD Field Office 8 had earlier deployed social workers to provide psychosocial interventions and financial assistance to bereaved families, injured students, teachers and other affected individuals.
Gatchalian also appealed to the public to refrain from resharing videos and photographs of the incident, warning that such materials could re-traumatize survivors and grieving families.
“Sometimes there are pictures that should no longer be posted because the trauma is repeated and reactivated, and many of our social workers are appealing to the general public to help these families heal by being responsible in posting such images,” he said.
After visiting the wake, the DSWD chief proceeded to several hospitals to check on the condition of the injured students and meet with their families.
Vice President Sara Duterte condoled with the family of the three students who were killed in the school shooting in Tacloban City on Wednesday.
In a post on Facebook, Duterte said that she visited the wake of the three teenagers who were killed after two students shot their classmates inside the San Jose National High School.
“We personally conveyed our heartfelt condolences, on behalf of my entire family and the Office of the Vice President, to their families and relatives who are deeply grieving the loss of their loved ones,” Duterte said in her Facebook page in Filipino.
She added that she joined in the appeal of their parents that the tragedy “should never happen again and that justice be served for their children.”
The Department of Education said that the shooting in Tacloban City has underscored the need to strengthen the systems that protect and support learners both inside and outside school.
It also emphasized that preventing violence requires early intervention and sustained engagement from families, communities and government institutions.
In a statement, Education Secretary Sonny Angara said the tragedy in Tacloban is a “painful reminder that learner protection requires constant vigilance and shared commitment.”
“While investigations will establish the facts surrounding this incident, we must also ask what more can be done to better support our learners and strengthen protective systems around them,” Angara added.
He further stressed that learner safety is a conversation that must involve not only schools, but families, communities, local governments and all institutions entrusted with the welfare of children.
WITH IZEL ABANILLA, JAVIER JOE ISMAEL, RED MENDOZA AND ARIC JOHN SY CUA
