EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OFTHE PHILIPPINES 
)
First Regular Session 
)
senat;e
S. No. 
t> l
! 
e»i-cv:Mrp
■19 
JU L-1 
P 2  3 4
Introduced by Senator Ricliard I. Gordon
RhC.
AN ACT
STRENGTHENING THE YOUTH SOCIAL WELFARE PROGRAMS 
AND 
EXTENDING 
THE 
SCOPE 
OF 
REFORMATION 
AND 
REHABILITATION OF CHILDREN IN CONFLICT WITH THE LAW, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, AS 
AMENDED”, AND OTHER RELATED LAWS, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 13 of Article II of the 1987 Constitution provides that the State 
recognizes the "vital role of the youth in nation-building and shall promote and 
protect their physical, moral, spiritual, intellectual, and social well-being." Section 
3(2} of Ai tide XV mandates the State to delend the "right of children to assistance, 
including proper care and nutrition, and special protection from all forms of 
neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their 
development.”
The best interest of the child is the primordial and paramount concern of 
the State. They stand at the center of Philippine nation building and are the most 
important assets of the nation. Yet, our country docs not invest enough on their 
development. There has been a shortage in spending on education and nutrition, 
a shortage in implementation of our laws. The development of our youth is a 
collective responsibility of the State, including both national and local 
governments; parents and family members; the communities; the educational 
institutions; and the media. At the same time, it is never too early to teach our 
children accountability, responsibility, I'espect for the common good, honesty, 
integrity and service to the nation. We must not wait for the children to be in 
conflict with the law.
Foregoing considered, the immediate passagiyoHW sJ^ls immediately
LARD J. GORDON


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
]
S. No.
SENAXt
Jn 
1
"Off:;:: cft.'jriFrrirtarp
JUL -1 
P? 34
Introduced by Senator Richard J. Gordon
RcCci L<
AN ACT
STRENGTHENING THE YOUTH SOCIAL WELFARE PROGRAMS 
AND 
EXTENDING 
THE 
SCOPE 
OF 
REFORMATION 
AND 
REHABILITATION OF CHILDREN IN CONFLICT WITH THE LAW, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, AS 
AMENDED”, AND OTHER RELATED LAWS, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Declaration of Policy. Section 13 of Article II of the 1987
2 
Constitution provides that the State recognizes the vital role of the youth in nation-
3 
building and shall promote and protect their physical, moral, spiritual, intellectual,
4 
and social well-being. It mandates the State to inculcate in the youth patriotism
5 
and nationalism, and encourage their involvement in public and civic affairs.
6 
Section 3(2) of Article XV of the 1987 Constitution meanwhile mandates the State
7 
to defend that "right of children to assistance, including proper care and nutrition,
8 
and special protection from all forms of neglect, abuse, cruelty, exploitation, and
9 
other conditions prejudicial to their development."
10 
Children are the principal citizens of the country. The best interest of the
11 
child is the primordial and paramount concern of the State. They stand at the
12 
center of Philippine nation building and are the most important assets of the
13 
nation. Thus, the Constitution and the laws must be implemented, sufficient
14 
budget be allocated, and a holistic program be employed to promote the welfare
15 
of the children and enhance their opportunities in life.


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No child should be at risk of being in conflict with the law. It is therefore the
2 
policy of the State to focus on the fundamental problems facing the youth, namely,
3 
poverty, poor education, lack of proper support and guidance, among others.
4 
Children must be taught the values of responsibility, respect for the common good,
5 
honesty, integrity, diligence and service to the nation.
6 
SEC. 2. Truancy Officers. There shall be, in every barangay, a Truancy Officer
7 
that shall be designated by the Punong Barangay from among the members of the
8 
Sangguniang Barangay. There are shall be one (1) Truancy Officer for every one
9 
thousand [1,000] residents in barangay.
10 
Truancy officers shall have the primary responsibility of ensuring that
11 
minors of school age attend school. They shall conduct regular home and school
12 
visits to ensure the child's school attendance and shall submit daily reports
13 
indicating dates of absences, contacts with parents, and other relevant
14 
information, to the Truancy Monitoring Center established in Section 3 of this Act.
15 
"Truancy” as here used means absence without cause for more than five (5)
16 
schooldays in a month, not necessarily consecutive. The Truancy Officer shall refer
17 
the child who is considered truant to the Barangay Social Welfare and
18 
Development Officer for placement to any child-caring or child-placing institution
19 
licensed and accredited by the Department of Social Welfare and Development
20 
[DSWD] to implement the foster care program, or to a person registered with the
21 
DSWD who is available to provide foster care.
22 
SEC. 3. Establishment of a Truancy Operations Center. The Department of
23 
Interior and Local Government [DILG] shall establish a Truancy Operations Center
24 
that shall be the centralized information management system regarding the school
25 
attendance of children and the reports of Truancy Officers.
26 
The Center shall ensure a recordation of all pertinent information, such as
27 
age, residence, school, and school attendance of all children on a daily basis. The
28 
Center shall coordinate with the Department of Justice for the purpose of filing
29 
criminal cases against parents or guardians who violate Section 59 of the
30 
Presidential Decree No. 603 and other relevant laws.


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SEC. 4. Increase in the number of guidance counselors in schools. To ensure
2 
the children’s well-being, and academic, behavioral and social growth, there shall
3 
be, in every public and private elementary and high school, at least three (3)
4 
guidance counselors each for every elementary school, including kindergarten..
5 
Guidance counselors shall have the primary responsibility of counseling,
6 
assisting, teaching and practicing of guidance and counseling subjects, and other
7 
human development services to children.
8 
SEC. 5. Barangay Social Welfare and Development Officer. There shall be, in
9 
every barangay, a Barangay Social Welfare and Development Officer whose
10 
primary duty includes house-to-house visitations, counseling, child rights
11 
education, and helping the youth, families and the community develop, improve,
12 
maintain or restore their capability for coping with the demands of their
13 
environment, through the use of social work methods and interventions. In the
14 
absence of a duly-registered Social Worker who shall act as Barangay Social
15 
Welfare and Development Officer, persons with training in social work may be
16 
employed. They shall be under the supervision of the local social welfare and
17 
development officer.
18 
The Barangay Social Welfare Officers shall be considered employees of the
19 
barangay and shall draw their salaries and other benefits therefrom.
20 
SEC. 6. School-Based Feeding Program. To encourage attendance in schools,
21 
there is hereby established under the Department of Education a Comprehensive
22 
and School-Based National Feeding Program for all day care, kindergarten,
23 
elementary and high schools in the country. The program shall include the
24 
provision of at least one (1) meal per student per day, or two [2) meals per day for
25 
undernourished children, for a period of 208 days per school year.
26 
Food donations to schools shall also be considered as donations of
27 
apparently wholesome food for charitable purposes and will be governed in
28 
accordance with the provisions of Republic Act No. 9803.
29 
SEC. 7. Schools Dentists and Nurses. There shall be at least one (1) nurse and
30 
one (1) dentist for every two hundred fifty (250) students in every elementary and


1 
high school, whether public or private. The school dentists shall be considered
2 
employees of the city or municipality where the school is situated, and shall draw
3 
their salaries and other benefits therefrom.
4 
SEC. 8. Child Witness Protection Program. The Department of Justice, in
5 
coordination with the DSWD, shall establish a child witness assistance program
6 
that shall support children and their families throughout criminal proceedings.
7 
Guidance counselor and barangay social welfare and development officers shall
8 
also assist children who volunteer as witnesses in crimes they have witnessed or
9 
have information about.
10 
SEC. 9. Juvenile Reformatory Centers. Tbe Department of Social Welfare and
11 
Development, in coordination with the Department of Interior and Local
12 
Government, shall establish, fund, and manage 24-hour child-caring institution
13 
providing residential care for children in conflict with the law who commits
14 
parricide, murder, infanticide, kidnapping and serious illegal detention where the
15 
victim is killed or raped, robbery with homicide or rape, destructive arson, rape,
16 
or carnapping where the driver or occupant is killed or raped or offenses under
17 
Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable
18 
by more than twelve (12) years of imprisonment.
19 
Each Juvenile Reformatory Center shall contain facilities such as gyms,
20 
libraries, and vocational-technical training shops.
21 
SEC. 10. Increased penalties for parental liability. Article 60 of Presidential
22 
Decree No. 603 is hereby amended to read as follows:
23 
"Article 60. Penalty. - The act mentioned in the preceding article
24 
shall [be punishable with imprisonment from two or six months or a
25 
fine not exceeding five hundred pesos, or both, at the discretion of
26 
the Court, unless a higher penalty is provided for in the Revised Penal
27 
Code or special laws, without prejudice to actions for the involuntary
28 
commitment of the child under Title Vlll of this Code] SUFFER THE
29 
PENALTY OF PRISION CORRECCIONAL IN ITS MINIMUM PERIOD
30 
TO PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD.”


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SEC. 11. Section 20-C of Republic Act No. 9344, as amended, is hereby
2 
further amended to read as follows:
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"SEC. 20-C. Exploitation of Children for Commission of Crimes. - Any 
person. INCLUDING THE PARENT OF A CHILD, who, in the 
commission of a crime, makes use, takes advantage of, or profits from 
the use of children, including any person who abuses his/her 
authority over the child or who, with abuse of confidence, takes 
advantage of the vulnerabilities of the child and shall induce, 
threaten or instigate the commission of the crime, shall be imposed 
the penalty [prescribed by law for the crime committed in its 
maximum period] OF RECLUSION PERPETUA, IF THE CRIME 
COMMITTED IS PUNISHABLE BY IMPRISONMENT OF MORE 
THAN SIX (6) YEARS, AND RECLUSION TEMPORAL, IF THE CRIME 
COMMITTED IS PUNISHABLE BY IMPRISONMENT OF SIX (6) 
YEARS OR LESS. THE FACT THAT THE PERSON WHO EXPLOITED 
THE CHILD FOR THE COMMISSION OF CRIMES IS A PUBLIC 
OFFICER SHALL BE CONSIDERED AS A GENERIC AGGRAVATING 
CIRCUMSTANCE."
19 
SEC. 12. Information Campaign. Within three (3) months from the effectivity
20 
of this Act, the Department of Social Welfare and Development, in coordination
21 
with the Department of Education, Department of Interior and Local Government,
22 
Department of Justice and the Juvenile Justice and Welfare Council, shall
23 
undertake an extensive information campaign to explain children’s rights, as well
24 
as the concomitant duties of parents or guardians, the community, and the
25 
government.
26 
SEC. 13. Section 49 of Republic Act No. 9344, as amended, is hereby
27 
further amended to read as follows:
28 
"SEC. 49. Establishment of 'Bahay Pag-Asa’. - [Each province
29 
and highly-urbanized city (the LGUs]] THE DSWD shall be


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responsible for building, funding and operating a 'Bahay Pag-asa' 
[within their jurisdiction] following the standards that will be set by 
the DSWD and adopted by the JJWC. THE ALLOCATIONS 
NECESSARY FOR BUILDING, FUNDING AND OPERATING THE 
BAHAY PAG-ASA’ SHALL BE INCLUDED IN THE BUDGET OF THE 
DSWD IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
EVERY BAHAY PAG-ASA SHALL CONTAIN FACILITIES SUCH 
AS GYMS, LIBRARIES, AND VOCATIONAL-TECHNICAL TRAINING 
SHOPS, AND SHALL HAVE PROGRAMS FOR ALTERNATIVE 
LEARNING OR EDUCATION PROGRAMS GEARED TOWARDS 
VALUES FORMATION, CULTURAL AWARENESS, READING, AND 
SKILLS DEVELOPMENT. PROVIDED THAT CHILDREN WHO NO 
DOT POSE A RISK TO THE COMMUNITY MAY BE ALLOWED TO 
ATTEND SCHOOLS OUTSIDE THE BAHAY PAG-ASA TO WHICH 
THE CHILD IS COMMITTED.
A CHILD COMMITTED TO A BAHAY PAG-ASA MAY BE 
RELEASED TO THE CHILD’S PARENT, GUARDIAN OR FOSTER 
PARENT 
UPON 
ORDER 
BY 
A 
COURT 
AND 
AFTER 
A 
COMPREHENSIVE STUDY CONDUCTED BY THE LOCAL SOCIAL 
WELFARE AND DEVELOPMENT OFFICER OR THE DSWD. IN THE 
LATTER CASE, THE DEPARTMENT OF SOCIAL WELFARE MAY 
REFUSE TO DISCHARGE THE CHILD IF, IN ITS OPINION, HIS 
RELEASE WOULD BE PREJUDICIAL TO HIM OR TO THE 
COMMUNITY.
[Every ‘Bahay Pag-asa’ will have a special facility called the 
IJISC. This Center will be allocated for children in conflict with the 
law in accordance with Sections 20, 20-A and 20-B hereof. 
These children will be required to undergo a more intensive multi­
disciplinary intervention program. The JJWC in partnership with, 
but not limited to, the DSWD, the DOH, the DepED and the DILG, will


1 
develop and set the standards for the implementation of the multi-
2 
disciplinary 
intervention 
program 
of 
the 
IJISC. 
Upon
3 
institutionalization of the IjlSC program, the JJWC will continue to
4 
monitor and provide technical assistance to the multi-disciplinary
5 
teams operating the said centers.]”
6 
SEC. 14. Section 6 of Republic Act No. 9344, as amended, is hereby further
7 
amended to read as follows:
8 
"SEC. 6. Minimum Age of Criminal Responsibility. - A child [fifteen
9 
(15)] BELOW TWELVE (12) years of age [or under] at the time of the
10 
commission of the offense shall be exempt from [criminal] liability.
11 
However, the child shall be subjected to an intervention program
12 
pursuant to [Section 20 of] this Act.
13 
A child is deemed to be [fifteen (15)] TWELVE (12) years of age on
14 
the day of the [fifteenth] TWELFTH anniversary of [his/her] THE
15 
CHILD’S birthdate.
16 
A child [above fifteen (15)] TWELVE (12) years OF AGE AND
17 
ABOVE but below eighteen (18) years of age shall likewise be exempt
18 
from [criminal] liability and be subjected to an intervention program,
19 
unless [he/she] THE CHILD has acted with discernment, in which case,
20 
such child shall be subjected 
to the appropriate proceedings in
21 
accordance with this Act.
22 
The exemption from [criminal] liability herein established does not
23 
include exemption from civil liability, which shall be enforced in
24 
accordance with existing laws AND THIS ACT."
25 
SEC. 15. Section 20 of Republic Act No. 9344, as amended, is hereby
26 
further amended to read as follows:
27 
"SEC. 20. Children Below the Age of Criminal Responsibility. - If it has
28 
been determined that the child taken into custody is [fifteen [15)
29 
years old or] below TWELVE (12) YEARS OLD, the authority which
30 
will have an initial contact with the child, in consultation with the


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local social welfare and development officer, has the duty to 
immediately release the child to the custody of his/her parents 
or guardian, or in the absence thereof, the child's nearest relative. 
The child shall be subjected to a community-based intervention 
program supervised by the [local] BARANGAY social welfare and 
development officer, unless the best interest of the child requires the 
referral of the child to a [youth care facility or 'Bahay Pag-asa’ 
managed by LGUs or licensed and/or accredited NGOs monitored by 
the DSWD] ANY CHILD-CARING INSTITUTION LICENSED AND 
ACCREDITED BY THE DEPARTMENT OF SOCIAL WELFARE AND 
DEVELOPMENT (DSWD) TO IMPLEMENT THE FOSTER CARE 
PROGRAM, OR TO A PERSON DULY REGISTERED WITH THE 
DSWD WHO IS WILLING TO PROVIDE FOSTER CARE.
NO CHILD UNDER SEVEN YEARS OF AGE SHALL BE 
SEPARATED FROM THE MOTHER, UNLESS THE LATTER IS 
UNFIT. GIVING CUSTODY OF THE CHILD TO THE PARENTS, 
GUARDIANS 
OR 
THE 
NEAREST 
RELATIVES 
SHALL 
BE 
CONSIDERED NOT TO BE IN THE BEST INTEREST OF THE CHILD 
IF THE CHILD’S PARENTS, GUARDIANS OR NEAREST RELATIVES:
(1) 
ARE TEMPORARILY OR PERMANENTLY 
UNABLE 
OR 
UNWILLING TO PROVIDE THE CHILD WITH ADEQUATE CARE;
(2) ARE 
ENGAGED 
IN 
DRUG ADDICTION 
OR HABITUAL 
ALCOHOLISM; 
(3) 
TREAT 
THE 
CHILD 
WITH 
EXCESSIVE 
HARSHNESS OR CRUELTY; (4) IMPROPERLY EXPLOIT THE 
CHILD; OR ANY OTHER ANALOGOUS CIRCUMSTANCES.
THE FOLLOWING CHILDREN MAY ALSO BE PLACED IN 
FOSTER CARE:
(A) A CHILD WHO IS ABANDONED, SURRENDERED, 
NEGLECTED, DEPENDENT OR ORPHANED;
(B) A CHILD WHO IS A VICTIM OF SEXUAL, PHYSICAL, OR


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ANY OTHER FORM OF ABUSE OR EXPLOITATION;
(C) A CHILD WITH SPECIAL NEEDS;
(D) 
A 
CHILD 
WHOSE 
FAMILY 
MEMBERS 
ARE 
TEMPORARILY OR PERMANENTLY UNABLE OR UNWILLING TO 
PROVIDE THE CHILD WITH ADEQUATE CARE;
(E) A CHILD AWAITING ADOPTIVE PLACEMENT AND WHO 
WOULD HAVE TO BE PREPARED FOR FAMILY LIFE;
(F) A CHILD WHO NEEDS LONG-TERM CARE AND CLOSE 
FAMILY TIES BUT WHO CANNOT BE PLACED FOR DOMESTIC 
ADOPTION;
(G) A CHILD WHOSE ADOPTION HAS BEEN DISRUPTED;
(H) A CHILD WHO IS UNDER SOCIALLY DIFFICULT 
CIRCUMSTANCES SUCH AS, BUT NOT LIMITED TO, A STREET 
CHILD, A CHILD IN ARMED CONFLICT OR A VICTIM OF CHILD 
LABOR OR TRAFFICKING;
(I) A CHILD WHO COMMITTED A MINOR OFFENSE BUT IS 
RELEASED ON RECOGNIZANCE, OR WHO IS IN CUSTODY 
SUPERVISION OR WHOSE CASE IS DISMISSED; AND
0) A CHILD WHO IS IN NEED OF SPECIAL PROTECTION AS 
ASSESSED BY A SOCIAL WORKER, AN AGENCY OR THE DSWD.
The [local] BARANGAY social welfare and development 
officer shall determine the appropriate programs for the child who 
has been released, in consultation with the child and the person 
having custody over the child. If the parents, guardians or 
nearest relatives cannot be located, or if they refuse to take custody, 
the child may be released to any of the following:
[a] 
A 
duly 
registered 
nongovernmental 
or 
religious 
organization;
(b) A barangay official or a member of the Barangay Council 
for the Protection of Children (BCPC);


1 
(c) A local social welfare and development officer; [or, when
2 
and where appropriate, the DSWD.]
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(D) A FOSTER PARENT; OR
4 
(E) WHEN AND WHERE APPROPRIATE, THE DSWD.
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If the child has been found by the [local] BARANGAY social
6 
welfare and development officer to be dependent, abandoned,
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neglected or abused by his/her parents and the best interest of the
8 
child requires that he/she be placed in [a youth care facility or 'Bahay
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Pag-asa] ANY CHILD-CARING INSTITUTION LICENSED AND
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ACCREDITED BY THE DSWD TO IMPLEMENT THE FOSTER CARE
11 
PROGRAM, OR TO A PERSON DULY REGISTERED WITH THE
12 
DSWD WHO IS WILLING TO PROVIDE FOSTER CARE, the child’s
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parents or guardians shall execute a written authorization for the
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voluntary commitment of the child: Provided, That if the child has no
15 
parents or guardians or if they refuse or fail to execute the written
16 
authorization for voluntary commitment, the proper petition for
17 
involuntary commitment shall be immediately filed by the DSWD or
18 
the Local Social Welfare and Development Office (LSWDO) pursuant
19 
to Presidential Decree No. 603, as amended, otherwise known as 'The
20 
Child and Youth Welfare Code’ and the Supreme Court rule on
21 
commitment of children: Provided, further. That the minimum age
22 
for children committed to a youth care facility or ‘Bahay Pag-asa’
23 
shall be twelve [12) years old."
24
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SEC. 16. Section 20-A of Republic Act No. 9344, as amended, is
26 
hereby further amended to read as follows:
27 
"SEC. 20-A. Serious Crimes Committed by Children [Who Are
28 
Exempt From Criminal Responsibility. - A child who is above twelve
29 
(12) years of age up to [fifteen (15)] BELOW EIGHTEEN (18) years
30 
of age and who commits parricide, murder, infanticide, kidnapping
31 
and serious illegal detention where the victim is killed or raped.
10


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robbery with homicide or rape, destructive arson, rape, or 
carnapping where the driver or occupant is killed or raped 
or offenses under Republic Act No. 9165 (Comprehensive Dangerous 
Drugs Act of 2002) punishable by more than twelve (12) years 
of imprisonment, shall be deemed a neglected child under 
Presidential Decree No. 603, as amended, and shall be mandatorily 
placed in a [special facility within the youth care facility or 'Bahay 
Pag-asa’ called the Intensive Juvenile Intervention and Support 
Center (IjISC)] JUVENILE REFORMATORY CENTER.
In accordance with existing laws, rules, procedures and 
guidelines, the proper petition for involuntary commitment and 
placement under [the IjISC] A JUVENILE REFORMATORY CENTER 
shall be filed by the local social welfare and development officer of 
the LGU where the offense was committed, or by the DSWD social 
worker in the local social welfare and development officer’s absence 
OR INABILITY, within twenty-four (24) hours from the time of the 
receipt of a report on the alleged commission of said child. The court, 
where the petition for involuntary commitment has been filed shall 
decide on the petition within seventy-two (72) hours from the time 
the said petition has been filed by the DSWD/LSWDO. The court will 
determine the initial period of placement of the child within the 
[IJISC] JUVENILE REFORMATORY CENTER which shall not be less 
than one (1) year. The multi-disciplinary team of the [IJISC] 
JUVENILE REFORMATORY CENTER will submit to the court a case 
study and progress report, to include a psychiatric evaluation report 
and recommend the reintegration of the child to his/her family or the 
extension 
of 
the 
placement 
under 
the 
[IJISC] 
JUVENILE 
REFORMATORY CENTER. The multi-disciplinary team will also 
submit a report to the court on the services extended to the parents 
and family of the child and the compliance of the parents in the
11


1 
intervention program. The court will decide whether the child has
2 
successfully completed the center-based intervention program and
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is already prepared to be reintegrated with his/her family or if there
4 
is a need for the continuation of the center-based rehabilitation of the
5 
child. The court will determine the next period of assessment or
6 
hearing on the commitment of the child.”
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SEC. 17. Section 20-B of Republic Act No. 9344, as amended, is hereby
8 
further amended to read as follows:
9 
"SEC. 20-B. Repetition of Offenses. - A child who is [above twelve [12)
10 
years of age up to fifteen (15)] BELOW TWELVE (12) years of age
11 
and who commits an offense for the second time or oftener[:
12 
Provided, That the child was previously subjected to a community-
13 
based intervention program, shall be deemed a neglected child under
14 
Presidential Decree No. 603, as amended, and shall undergo an
15 
intensive intervention program supervised by the local social
16 
welfare and development officer: Provided, further. That, if the best
17 
interest of the child requires that he/she be placed in a youth care
18 
facility or] SHALL BE PLACED IN A CHILD-CARING INSTITUTION
19 
LICENSED AND ACCREDITED BYTHE DSWD TO IMPLEMENT THE
20 
FOSTER CARE PROGRAM, OR TO A PERSON DULY REGISTERED
21 
WITH THE DSWD WHO IS WILLING TO PROVIDE FOSTER CARE.
22 
HOWEVER, IF THE CHILD IS ALREADY IN THE CARE OF SUCH
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CHILD-CARING INSTITUTION OR FOSTER PARENT, THEN THE
24 
CHILD SHALL BE TRANSFERRED TO ANOTHER CHILD-CARING
25 
INSTITUTION OR FOSTER PARENT. THE CHILD SHALL UNDERGO
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REGULAR EVALUATIONS BY THE BARANGAY SOCIAL WELFARE
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AND DEVELOPMENT OFFICER. IF THE LATTER DETERMINES IN
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A COMPREHENSIVE STUDY THAT THE CHILD'S INTEREST
29 
REQUIRED COMMITMENT TO A BAHAY PAG-ASA, THEN THE
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CHILD SHALL BE SO COMMITTED [ Bahay Pag-asa', the child’s
12


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parents or guardians shall execute a written authorization for the
2 
voluntary commitment of the child: Provided, finally, That if the child
3 
has no parents or guardians or if they refuse or fail to execute the
4 
written authorization for voluntary commitment, the proper petition
5 
for involuntary commitment shall be immediately filed by the DSWD
6 
or the LSWDO pursuant to Presidential Decree No. 603, as
7 
amended]."
8 
SEC. 18. Section 20-D of Republic Act No. 9344, as amended, is further
9 
amended to read, as follows:
10 
"SEC. 
20-D. Joint Parental 
Responsibility. - 
Based 
on the
11 
recommendation of the multi-disciplinary team of the [IjISC] BAHAY
12 
PAG-ASA, the LSWDO or the DSWD, the court may require the
13 
parents of a child in conflict with the law to undergo counseling or
14 
any other intervention that, in the opinion of the court, would
15 
advance the welfare and best interest of the child.
16 
As used in this Act, ‘parents' shall mean any of the following:
17 
(a) Biological parents of the child; or
18 
(b) Adoptive parents of the child; or
19 
(c) Individuals who have custody of the child[.]; OR
20 
(D) A DULY REGISTERED FOSTER PARENT.
21 
A court exercising jurisdiction over a child in conflict with the
22 
law may require the attendance of one or both parents of the child at
23 
the place where the proceedings are to be conducted.
24 
The parents shall be PRIMARILY liable for CIVIL damages
25 
ARISING OUT OF THE ACTIONS OF THE CHILD IN CONFLICT
26 
WITH THE LAW unless they prove, to the satisfaction of the court,
27 
that they were exercising reasonable supervision over the child at
28 
the time the child committed the offense and exerted reasonable
29 
effort and utmost diligence to prevent or discourage the child from
30 
committing another offense."
13


1 
SEC. 19. Section 22 of Republic Act No. 9344, as amended, is hereby further
2 
amended to read as follows:
3 
"SEC. 22. Duties During Initial Investigation. - The law enforcement
4 
officer shall, in his/her investigation, determine where the case
5 
involving the child in conflict with the law should be referred.
6 
The taking of the statement of the child shall be conducted in the
7 
presence of the following: [1) child's counsel of choice or in the
8 
absence thereof, a lawyer from the Public Attorney’s Office; [2) the
9 
child's parents, guardian, or nearest relative, as the case may be; and
10 
(3) the [local] BARANGAY social welfare and development officer. In
11 
the absence of the child’s parents, guardian, or nearest relative, and
12 
the local social welfare and development officer, the investigation
13 
shall be conducted in the presence of a representative of an NGO,
14 
religious group, or member of the BCPC.
15 
The social worker shall conduct an initial assessment to
16 
determine the appropriate interventions and whether the child acted
17 
with 
discernment, 
using the 
discernment assessment tools
18 
developed by the DSWD. The initial assessment shall be without
19 
prejudice to the preparation of a more comprehensive case study
20 
report. The local social worker shall do either of the following:
21 
(a] Proceed in accordance with Section 20 if the child is [fifteen
22 
(15)] TWELVE (12) years [or below or above fifteen (15) but below
23 
eighteen (18)] UP TO BELOW EIGHTEEN (18) years old, who acted
24 
without discernment; and
25 
(b) If the child is above [fifteen (15)] TWELVE (12) years old
26 
but below eighteen (18) and who acted with discernment, proceed to
27 
diversion under the following chapter."
28 
SEC. 20. Section 43 of Republic Act No. 9344 is hereby amended to read, as
29 
follows:
30 
"SEC. 43. Confidentiality of Records and Proceedings. - All records
14


1 
and proceedings involving children in conflict with the law from
2 
initial contact until final disposition of the case shall be considered
3 
privileged and confidential. The public shall be excluded during the
4 
proceedings and the records shall not be disclosed directly or
5 
indirectly to anyone by any of the parties or the participants in the
6 
proceedings for any purpose whatsoever, except to determine if the
7 
child in conflict with the law may have his/her sentence suspended
8 
or if he/she may be granted probation under the Probation Law, or
9 
to enforce the civil liability imposed in the criminal action.
10 
The component authorities shall undertake all measures to
11 
protect this confidentiality of proceedings, including non-disclosure
12 
of records to the media, maintaining a separate police blotter for
13 
cases involving children in conflict with the law and adopting a
14 
system of coding to conceal material information which will lead to
15 
the child's identity. [Records] THE CRIMINAL RECORDS of a child in
16 
conflict with the law shall, after undergoing a community-based
17 
intervention program, or being committed to a Bahay Pag-Asa or
18 
Juvenile Reformatory Center SHALL BE EXPUNGED AND not be
19 
used 
in 
subsequent 
proceedings 
for 
cases 
involving 
the
20 
same offender as an adult[, except when beneficial for the offender
21 
and upon his/her written consent].
22 
A person who has been in conflict with the law as a child shall
23 
not be held under any provision of law, to be guilty of perjury or of
24 
concealment or misrepresentation by reason of his/her failure to
25 
acknowledge the case or recite any fact related thereto in response
26 
to any inquiry made to him/her for any purpose.”
27 
SEC. 21. Section 63 of Republic Act No. 9344, as amended, is hereby further
28 
amended to read, as follows:
29 
"SEC. 63. Appropriations. - The amount necessary to carry out the
30 
provisions of this Act shall be charged against the current year’s
15


1 
appropriations of the JJWC under the budget of the Department of
2 
Justice. Thereafter, such sums as may be necessary for the continued
3 
implementation of this Act shall be included in the budget of the
4 
DSWD under the annual General Appropriations Act: Provided, That
5 
the amount of Four hundred million pesos (P400,000,000.00) shall
6 
be 
appropriated 
for 
the 
construction 
of 
‘Bahay 
Pag-asa’
7 
rehabilitation centers in provinces or cities with high incidence of
8 
children in conflict with the law to be determined and identified by
9 
the DSWD and the JJWC on a priority basis: Provided, further. That
10 
the said amount shall be coursed through the Department of Public
11 
Works and Highways [DPWHJ for its proper implementation.
12 
The LGUs concerned shall make available, from its own
13 
resources or assets, their counterpart share equivalent to the
14 
national 
government 
contribution 
of 
Five 
million 
pesos
15 
(P5,000,000.00) per rehabilitation center.
16 
In addition, the Council may accept donations, grants and
17 
contributions from various sources, in cash or in kind, for purposes
18 
relevant to its functions, subject to the usual government accounting
19 
and auditing rules and regulations.
20 
EVERY LOCAL GOVERNMENT UNIT SHALL SET ASIDE FIVE
21 
PERCENT (5%) OF ITS SHARE OF THE INTERNAL REVENUE
22 
ALLOTMENT TO FUND THE PROGRAMS UNDER THIS ACT AND
23 
OTHER RELEVANT LAWS."
24 
SEC. 22. Congressional Oversight. There is hereby created a Joint
25 
Congressional Oversight Committee to oversee, monitor, and evaluate the
26 
implementation of this Act and other related laws. The Oversight Committee shall
27 
be composed of five (5) members each from the Senate and from the House of
28 
Representatives, including the Chairpersons of the Senate Committee on Justice
29 
and Human Rights, to act as Chairperson of the Senate Panel, and the House
30 
Committee on Justice, to act as Chairperson of the House Panel. The membership
16


1 
of the Committee for every House shall have at least one (1) minority member.
2 
The Oversight Committee shall conduct a mandatory review of this Act
3 
every three (3) years from its approval.
4 
The DSWD and the Department of Education are required to report to the
5 
Oversight Committee, copy furnished the Senate President and the Speaker of the
6 
House of Representatives, on a monthly basis relevant data on school enrollment.
7 
SEC. 23. Separability Clause. - If any provision of this Act is declared
8 
unconstitutional, such sections or parts not affected thereby shall remain in full
9 
force and effect.
10 
SEC. 24. Repealing Clause. - All laws, decrees, executive orders, rules and
11 
regulations or parts thereof inconsistent with the provisions of this Act are hereby
12 
repealed or modified accordingly.
13 
SEC. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days after
14 
its publication in the Official Gazette or in at least two (2) national newspaper of
15 
general circulation.
Approved,
17