Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2894
House Bill No. 2894

Introduced by Rep. Pablo P. Garcia

EXPLANATORY NOTE

All laws in a democratic society are supposed to be made with good intentions
such as the promotion of justice, order, freedom and the common good. But not all
good intentions make good laws. And, as often pointed out as a caveat, the road to hell
is paved with good intentions. A law that looks good during its passage may turn out to
be prejudicial or detrimental, in its application or implementation, to its own good
intentions

One such law is Republic Act No. 9344, otherwise known as the Juvenile Justice
and Welfare Act. Nobody can argue against the laudable or even noble objectives of
the law. But it turned out that its application or implementation has resulted in more
harm than good to the good order and safety of society.

Almost everywhere, law enforcers have complained about their inability or
helplessness in coping with the rising, if not alarming, incidence of serious crimes
committed by teen-aged offenders who, under RA 9344, are immune from arrest and
detention. The worst part is that criminal syndicates and other criminal elements are
taking advantage of the law and are now using these juvenile offenders in actually
carrying out their nefarious criminal activities such as murder, robbery, drug trafficking
and other serious crimes.

On their own, teen-aged offenders are committing serious crimes like rape,
murder or robbery, with full knowledge that what they are doing are criminal and
reprehensible acts. They are abetted or even encouraged to do so because of the
impunity and protection that the law — RA 9344 — so generously yet so undeservedly
and unjustly grants to them. In Cebu, some of these teen-aged offenders - ranging
from age 15 to 17 years old — are bringing with them their birth certificates which they
readily show to the police every time they are caught and in order to avoid arrest and
detention.

Local government units (LGUs) all over the country, through their Governors,
Mayors or Sanggunians, have complained about the bad effects of the law — RA 9344 —
on the peace and order situation in their respective constituencies and have been
calling for the repeal or amendment of said law. Sobra na, tama na, palitan na.


This bill is in response to the calls of our law enforcement agencies, our LGUs
and the general public. It seeks to rationalize our juvenile justice and welfare system by
fixing the minimum age of criminal responsibility (MACR) in this country and to align and
harmonize it with existing laws and keep it attuned to present societal values and
realities. However, its laudable infrastructures and programs in the administration of
juvenile justice and welfare such as diversion, rehabilitation and reintegration are
retained. The beneficient provisions of Presidential Decree No. 603, otherwise known
as the Child and Youth Welfare Code, on youthful offenders are also incorporated in the
bill

In view of the foregoing, immediate approval of this bill is earnestly
recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS
First Regular Session

House Bill No._ 2894

Introduced by Rep. Pablo P. Garcia

AN ACT
AMENDING REPUBLIC ACT NUMBERED NINE THOUSAND THREE HUNDRED
FORTY-FOUR, OTHERWISE KNOWN AS THE COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE ACT OF 2006, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Congress
assembled:

SECTION 1. Section 1, Chapter 1, Title | of Republic Act Numbered (RA) 9344,
otherwise known as the Juvenile Justice and Welfare Act of 2006, is hereby amended to
read as follows:

“Section 1. Short Title and Scope. - This Act shall be known as the "Juvenile

Justice and Welfare Act of 2006." It shall cover the different stages involving

children at risk, [and] children in conflict with the law AND YOUTHFUL

OFFENDERS from prevention to rehabilitation and reintegration.”

SEC. 2. Paragraphs (d), (e), (k), and (m) of Sec. 4, Chap 1, Title | of RA 9344
are hereby amended to read as follows:

“SEC. 4. Definition of Terms. - The following terms as used in this Act shall be
defined as follows:

“(a) xxxxx
"(b) xx xxx
“(C)XXXXX
"(d) xxxxx
“(e) “Child in Conflict with the Law" refers to a child, FIFTEEN (15) YEARS OR
BELOW BUT ABOVE NINE (9) YEARS OF AGE, who is alleged as, accused of,

or adjudged as, having committed an offense under Philippine laws.

XXX


"(g) xx xxx
"(h) x x xxx
“() XXXKX
“() XXXxx

“(k) “Initial Contact With-the Child" refers to the apprehension or taking into
custody of a child in conflict with the law OR YOUTHFUL OFFENDER by law
enforcement officers or private citizens. It includes the time when the child
alleged to be in conflict with the law OR THE ALLEGED YOUTHFUL
OFFENDER receives a subpoena under Section 3(b) of Rule 112 of the Revised
Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of
the same Rule in cases that do not require preliminary investigation or where
there is no necessity to place the child alleged to be in conflict with the law OR
THE ALLEGED YOUTHFUL OFFENDER under immediate custody.

W)XXXxx

“(m) "Juvenile Justice and Welfare System” refers to a system dealing with
children at risk, [and] children in conflict with the law AND YOUTHFUL
OFFENDERS, which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration and aftercare
to ensure their normal growth and development.

XK XX"

SEC. 3. A new paragraph (v) is hereby inserted in Sec. 4, Chap 1, Title | of RA
9344 to read as follows:

“(V) “YOUTHFUL OFFENDER” REFERS TO A CHILD ABOVE FIFTEEN (15)
BUT BELOW EIGHTEEN (18) YEARS OF AGE AT THE TIME OF THE
ALLEGED COMMISSION OF A CRIMINAL OFFENSE. HE MAY BE
ARRESTED OR TAKEN INTO CUSTODY AND DEALT WITH ACCORDINGLY.

SEC. 4. Section 5, Chap. 2, Title | of RA 9344, is hereby amended to read as
follows:

"SEC. 5. Rights of the Child in Conflict with the Law AND YOUTHFUL
OFFENDER. - Every child in conflict with the law AND YOUTHFUL OFFENDER
shall have the following rights, including but not limited to:

“() the right to be treated with humanity and respect, for the inherent dignity of
the person, and in a manner which takes into account the needs of a person of
his/her age. In particular, a child deprived of liberty shall be separated from adult
offenders at all times. No child shall be detained together with adult offenders.
He/She shall be conveyed separately to or from court. He/She shall await
hearing of his/her own case in a separate holding area. A child in conflict with
the law/YOUTHFUL OFFENDER shall have the right to maintain contact with


his/her family through correspondence and visits, save in exceptional
circumstances;”

XXX XX

“(k) the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine whether
to impose fine or imprisonment{, the imposition of fine being preferred as the
more appropriate penalty):”

XX

SEC. 5. Section 6, Chap. 2, Title | of RA 9344, is hereby amended to read as
follows:

“SEC. 6. Minimum Age of Criminal Responsibility. - A child NINE (9) [fifteen (15)]
years of age or under at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.

“A child above NINE (9) [fifteen (15)] years AND UP TO FIFTEEN (15) [but below
eighteen (18)] years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment,
in which case, HE/SHE SHALL BE CONSIDERED AS A YOUTHFUL
OFFENDER WHO [such child] shall be DEALT WITH UNDER THE
PROVISIONS OF PRESIDENTIAL DECREE NO. 603: [subjected to the
appropriate proceedings in accordance with this Act.] PROVIDED, HOWEVER,
THAT WHERE THE OFFENSE CHARGED IS MURDER, PARRICIDE,
HOMICIDE, KIDNAPPING, RAPE, ROBBERY, DRUG TRAFFICKING OR
OTHER OFFENSES PUNISHABLE BY MORE THAN TWELVE (12) YEARS,
SUCH CHILD IS PRESUMED TO HAVE ACTED WITH DISCERNMENT AND.
SHALL BE CONSIDERED AS A YOUTHFUL OFFENDER AND DEALT WITH IN

ACCORDANCE WITH THE PROVISIONS OF PRESIDENTIAL DECREE NO
603,

“The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.”

SEC. 6. Section 7, Chap. 2, Title | of RA 9344, is hereby amended to read as
follows:

“SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the
presumption of minority. He/She shall enjoy all the rights of a child in conflict with
the law until he/she is proven to be ABOVE FIFTEEN (15) BUT BELOW eighteen
(18) years old [or older]. The age of a child may be determined from the child's
birth certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the
child and other relevant evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor.


Any person contesting the age of the child in conflict with the law OR
YOUTHFUL OFFENDER prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the determination of age
before the Family Court which shall decide the case within twenty-four (24) hours
from receipt of the appropriate pleadings of all interested parties.

"If a case has been filed against the child in conflict with the law OR YOUTHFUL
OFFENDER and is pending in the appropriate court, the person shall file a
motion to determine the age of the child in the same court where the case is
pending. Pending hearing on the said motion, proceedings on the main case
shall be suspended.

“In all proceedings, law enforcement officers, prosecutors, judges and other
government officials concemed shall exert all efforts at determining the age of
the child in conflict with the law OR YOUTHFUL OFFENDER.”

SEC. 7. Paragraphs (f) and (g) of Sec. 9, Title Il of RA 9344 are hereby
amended to read as follows:

“SEC. 9. Duties and Functions of the JJWC. - The JJWC shall have the following
duties and functions:

(a) XXXXX
“(b) xx xxx
(0) XX Xxx
“(d) XX Xxx
"(@) KXXXx

“(f) To formulate and recommend policies and strategies in consultation with
children for the prevention of juvenile delinquency and the administration of
justice, as well as for the treatment and rehabilitation of the children in conflict
with the law/YOUTHFUL OFFENDERS;

“(g) To collect relevant information and conduct continuing research and support
evaluations and studies on all matters relating to juvenile justice and welfare,
such as but not limited to:

“(A XXxxx

“(2) the periodic trends, problems and causes of juvenile delinquency and
crimes; and the particular needs of children in conflict with the
law/YOUTHFUL OFFENDERS in custody.

XXX”

Si SEC. 8. Section 13, Chap. 1, Title Ill of RA 9344, is hereby amended to read as
follows:


“SEC. 13. The Educational System. - Educational institutions shall work together
with families, community organizations and agencies in the prevention of juvenile
delinquency and in the rehabilitation and reintegration of a child in conflict with
the lawYOUTHFUL OFFENDER. Schools shall provide adequate, necessary
and individualized educational schemes for children manifesting difficult behavior
and children in conflict with the law/YOUTHFUL OFFENDERS. In cases where
children in conflict with the law/)YOUTHFUL OFFENDERS are taken into custody
or detained in rehabilitation centers, they should be provided the opportunity to
continue learning under an alternative learning system with basic literacy
program or non- formal education accreditation equivalency system.”

SEC. 9. Section 20, Title IV of RA 9344 is hereby amended to read as follows:

“SEC. 20.Children WITHIN [Below] the Age of Criminal Responsibility. - If it has
been determined that the child taken into custody is ABOVE NINE (9) YEARS.
AND UP TO fifteen (15) years old OF AGE [or below], the authority which will
have an initial contact with the child 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 EXCEPT WHEN THE OFFENSE CHARGED IS
MURDER, PARRICIDE, HOMICIDE, KIDNAPPING, RAPE, ROBBERY, DRUG
TRAFFICKING OR OTHER OFFENSES PUNISHABLE BY MORE THAN
TWELVE (12) YEARS, IT IS PRESUMED THAT THE CHILD HAS ACTED WITH
DISCERNMENT. Said authority shall give notice to the local social welfare and
development officer who will determine the appropriate programs in consultation
with the child and to 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 duly registered
nongovernmental or religious organization; a barangay official or a member of
the Barangay Council for the Protection of Children (BCPC); a local social
welfare and development officer; or when and where appropriate, the DSWD. If
the child referred to herein has been found by the Local Social Welfare and
Development Office to be abandoned, neglected or abused by his parents, or in
the event that the parents will not comply with the prevention program, the proper
petition for involuntary commitment shall be filed by the DSWD or the Local
Social Welfare and Development Office pursuant to Presidential Decree No. 603,
otherwise known as "The Child and Youth Welfare Code.”

SEC. 10. Section 21, Chapter 1, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 21. Procedure for Taking the Child into Custody. - From the moment a
child is taken into custody, the law enforcement officer shall:

“(@) XXxXxx
“(b) xx xxx

“(0) Xxxxx


“(d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the
law YOUTHFUL OFFENDER;

"(@) XXXXX

“(f) Refrain from subjecting the child in conflict with the law/YOUTHFUL
OFFENDER to greater restraint than is necessary for his/her apprehension,

"(Q) XXXXX
“(i) xx xxx
“XXXXX
() xxxxx

“(k) Ensure that should detention of the child in conflict with the law/OR
YOUTHFUL OFFENDER be necessary, the child shall be secured in quarters
separate from that of the opposite sex and adult offenders;

“UW XXXXX
"(M) KXXXX

“A child in conflict with the law/YOUTHFUL OFFENDER shall only be searched
by a law enforcement officer of the same gender and shall not be locked up in a
detention cell.”

SEC. 11. Section 22, Chap. 1, Title V of RA 9344 is hereby amended to read as
follows:

“SEC. 22. Duties During Initial Investigation. - The law enforcement officer shall,
in his/her investigation, determine where the case involving the child in conflict
with the law/YOUTHFUL OFFENDER should be referred

KKK X

“After the initial investigation, the local social worker conducting the same may do
either of the following:

“(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below AND ABOVE NINE (9) YEARS OF AGE WHO ACTED WITH
DISCERNMENT [or above fifteen (15) but below eighteen (18) years old, who
acted without discernment]; and

“(b) If the child is above fifteen (15) years [old] but below eighteen (18) YEARS
OF AGE [and who acted with discernment], proceed IN ACCORDANCE WITH
CHAPTER Ill (YOUTHFUL OFFENDERS) OF PRESIDENTIAL DECREE NO.
603, OTHERWISE KNOWN AS THE CHILD AND YOUTH WELFARE CODE [to
diversion under the following chapter],”


SEC. 12. Section 23, Chap. 2, Title V of RA 9344 is hereby amended to read as
follows:

“SEC. 23. System of Diversion. - Children in conflict with the law AND WHO
ACTED WITH THE DISCERNMENT shall undergo diversion programs [without
undergoing court proceedings] subject to the conditions herein provided:

"XXX"

SEC. 13. Subparagraph (6), par. (a) of Sec. 31, Chap. 2, Title V of RA 9344 is
hereby amended to read as follows:

“SEC. 31. Kinds of Diversion Programs. - The diversion program shall include
adequate socio-cultural and psychological responses and services for the child
At the different stages where diversion may be resorted to, the following
diversion programs may be agreed upon, such as, but not limited to:

“(A) At the level of the Punong Barangay:

“(AY XXXXX

“(2) XX XXX

(3) XX XXX

(4) XXX XX

"(5) XX XXX

“(6) Counseling for the child in conflict with the law/)YOUTHFUL OFFENDER and
the child's/YOUTH'S family;

"KK X XX”

SEC. 14. Section 32, Chap. 3, Title V of RA 9344 is hereby amended to read as
follows:

“SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained
prosecutor to conduct inquest, preliminary investigation and prosecution of cases
involving a child in conflict with the law OR A YOUTHFUL OFFENDER. If there is
an allegation of torture or ill-treatment of a child in conflict with the law OR A
YOUTHFUL OFFENDER during arrest or detention, it shall be the duty of the
prosecutor to investigate the same.”

SEC. 15. Section 33, Chap. 3, Title V of RA 9344 is hereby amended to read as
follows:

“SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor
shall conduct a preliminary investigation in the following instances: (a) when the
child in conflict with the law OR YOUTHFUL OFFENDER does not qualify for


diversion: (b) when the child, his/her parents or guardian does not agree to
diversion as specified in Sections 27 and 28; and (c) when considering the
assessment and recommendation of the social worker, the prosecutor
determines that diversion is not appropriate for the child in conflict with the law
OR YOUTHFUL OFFENDER.

SOX x"

SEC. 16. Paragraph (b) of Sec. 35, Chap. 4, Title V of RA 9344 is hereby
amended to read as follows:

“SEC. 35. Release on Recognizance. - Where a child is detained, the court shall
order:

(a) XX XXX

“(b) the release of the child in conflict with the law/YOUTHFUL OFFENDER on
bail; or

"KK XXX"

SEC. 17. Section 36, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 36. Detention of the Child Pending Trial. - Children detained pending trial
may be released on bail or recognizance as provided for under Sections 34 and
35 under this Act. In all other cases and whenever possible, detention pending
trial may, IN THE DISCRETION OF THE COURT TAKING INTO
CONSIDERATION PUBLIC SECURITY AND SAFETY, be replaced by
alternative measures, such as close supervision, intensive care or placement
with a family or in an educational setting or home. _ Institutionalization or
detention of the child pending trial shall be used only as a measure of last resort
and for the shortest possible period of time.

“Whenever detention is necessary, a child will always be detained in youth
detention homes established by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where the child resides OR, WHERE
SUCH YOUTH DETENTION CENTER IS NOT AVAILABLE, IN A SEPARATE
SECTION OF THE PROVINCIAL, CITY OR MUNICIPAL JAIL EXCLUSIVELY
DESIGNED FOR YOUTH OFFENDERS.

KKKKKE

SEC. 18. Section 37, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 37. Diversion Measures. - Where the maximum penalty imposed by law for
the offense with which the child in conflict with the law is charged is imprisonment
of not more than twelve (12) years, regardless of the fine or fine alone regardless
of the amount, and before arraignment of the child in conflict with the law OR AS



A YOUTHFUL OFFENDER, the court shall determine whether or not diversion is
appropriate.”

SEC. 19. Section 38, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 38, Automatic Suspension of Sentence. - Once the child who is under
FIFTEEN (15) [eighteen (18)] years of age at the time of the commission of the
offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the offense committed
However, instead of pronouncing the judgment of conviction, the court shall place
the child in conflict with the law under suspended sentence, without need of
application[: Provided, however, That suspension of sentence shall still be
applied even if the juvenile is already FIFTEEN (15) [eighteen (18)] years of age
or more at the time of the pronouncement of his/her guilt]

XK XXX."

SEC. 20. Section 39, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 39. Discharge of the Child in Conflict with the Law OR YOUTHFUL
OFFENDER. - Upon the recommendation of the social worker who has custody
of the child, the court shall dismiss the case against the child whose sentence
has been suspended and against whom disposition measures have been issued,
and shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.

“The discharge of the child in conflict with the law OR YOUTHFUL OFFENDER
shall not affect the civil liability resulting from the commission of the offense,
Which shalll be enforced in accordance with law.”

SEC. 21. Section 40, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 40. Return of the Child in Conflict with the Law OR YOUTHFUL
OFFENDER to Court. - If the court finds that the objective of the disposition
measures imposed upon the child in conflict with the law OR YOUTHFUL
OFFENDER have not been fulfilled, or if the child in conflict with the lav OR
YOUTHFUL OFFENDER has willfully failed to comply with the conditions of
his/her disposition or rehabilitation program, the child in conflict with the law OR
YOUTHFUL OFFENDER shall be brought before the court for execution of
judgment.

“if said child in conflict with the law OR YOUTHFUL OFFENDER has reached
eighteen (18) years of age while under suspended sentence, the court shall
determine whether to discharge the child in accordance with this Act, to order
execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one (21)
years.”


SEC. 22. Section 41, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 41. Credit in Service of Sentence. - The child in conflict with the law OR A
YOUTHFUL OFFENDER shall be credited in the services of his/her sentence
with the full time spent in actual commitment and detention under this Act.”

SEC. 23. Section 42, Chapter 4, Title V of RA 9344 is hereby amended to read
as follows

“SEC. 42. Probation as an Alternative to Imprisonment. - The court may, after it
shall have convicted and sentenced a child in conflict with the lav OR A
YOUTHFUL OFFENDER, and upon application at any time, place the child on
probation in lieu of service of his/her sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is hereby amended
accordingly.”

SEC. 24. Section 43, Chapter 5, Title V of RA 9344 is hereby amended to read
as follows:

“SEC. 43. Confidentiality of Records and Proceedings. - All records and
proceedings involving children in conflict with the law OR YOUTHFUL
OFFENDERS from initial contact until final disposition of the case shall be
considered privileged and confidential. The public shall be excluded during the
proceedings and the records shall not be disclosed directly or indirectly to
anyone by any of the parties or the participants in the proceedings for any
purpose whatsoever, except to determine if the child in conflict with the law OR
YOUTHFUL OFFENDER may have his/her sentence suspended or if he/she may
be granted probation under the Probation Law, or to enforce the civil liability
imposed in the criminal action.

“The component authorities shall undertake all measures to protect this
confidentiality of proceedings, including non-disclosure of records to the media,
maintaining a separate police blotter for cases involving children in conflict with
the law and adopting a system of coding to conceal material information which
will lead to the child's identity. Records of a child in conflict with the law OR
YOUTHFUL OFFENDER shall not be used in subsequent proceedings for cases
involving the same offender as an adult, except when beneficial for the offender
and upon his/her written consent.

“A person who has been in conflict with the law as a child OR HAS BEEN A
YOUTHFUL OFFENDER shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related thereto in response to
any inquiry made to him/her for any purpose.”

SEC. 25. Section 44, Title VI of RA 9344 is hereby amended to read as follows:

“SEC. 44. Objective of Rehabilitation and Reintegration. - The objective of
rehabilitation and reintegration of children in conflict with the law OR YOUTHFUL


OFFENDERS is to provide them with interventions, approaches and strategies
that will enable them to improve their social functioning with the end goal of
reintegration to their families and as productive members of their communities.”

SEC. 26. Section 46, Title VI of RA 9344 is hereby amended to read as follows:

“SEC. 46. Separate Facilities from Adults. - \n all rehabilitation or training
facilities, it shall be mandatory that children shall be separated from adults unless
they are members of the same family. Under no other circumstance shall a child
in conflict with the law be placed in the same confinement as adults.

“The rehabilitation, training or confinement area of children in conflict with the law
OR YOUTHFUL OFFENDERS shall provide a home environment where children
in conflict with the law OR YOUTHFUL OFFENDERS can be provided with
quality counseling and treatment.”

SEC. 27. Section 47, Title VI of RA 9344 is hereby amended to read as follows:

"SEC. 47. Female Children. - Female children in conflict with the law OR
FEMALE YOUTHFUL OFFENDERS placed in an institution shall be given
special attention as to their personal needs and problems. They shall be handled
by female doctors, correction officers and social workers, and shall be
accommodated separately from male children in conflict with the law OR
YOUTHFUL OFFENDERS.”

SEC. 28. Section 50, Title VI of RA 9344 is hereby amended to read as follows:

“SEC. 50. Care and Maintenance of the Child in Conflict with the Law OR
YOUTHFUL OFFENDER. - The expenses for the care and maintenance of a
child in conflict with the law OR A YOUTHFUL OFFENDER under institutional
care shall be borne by his/her parents or those persons liable to support him/her
Provided, That in case his/her parents or those persons liable to support him/her
cannot pay all or part of said expenses, the municipality where the offense was
committed shall pay one-third (1/3) of said expenses or part thereof; the province
to which the municipality belongs shall pay one-third (1/3) and the remaining one-
third (1/3) shall be borne by the national government. Chartered cities shall pay
two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid portion
shall be withheld and applied to the settlement of said obligations: Provided,
further, That in the event that the child in conflict with the law OR YOUTHFUL
OFFENDER is not a resident of the municipality/city where the offense was
committed, the court, upon its determination, may require the city/municipality
where the child in conflict with the law OR YOUTHFUL OFFENDER resides to
shoulder the cost.

“All city and provincial governments must exert effort for the immediate
establishment of local detention homes for children in conflict with the law.”

SEC. 29. Section 51, Title VI of RA 9344 is hereby amended to read as follows:


“SEC. 51. Confinement of Convicted Children in Agricultural Camps and other
Training Facilities. - A child in conflict with the law OR A YOUTHFUL
OFFENDER may, after conviction and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be established,
maintained, supervised and controlled by the BUCOR, in coordination with the
DSWD.”

SEC. 30. Section 52, Title VI of RA 9344 is hereby amended to read as follows:

“SEC. 52. Rehabilitation of Children in Conflict with the Law OR YOUTHFUL
OFFENDERS. - Children in conflict with the law OR YOUTHFUL OFFENDERS,
whose sentences are suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the rehabilitation and welfare
of the child as provided in the Supreme Court Rule on Juveniles in Conflict with
the Law.

“If the community-based rehabilitation is availed of by a child in conflict with the
law OR A YOUTHFUL OFFENDER, he/she shall be released to parents,
guardians, relatives or any other responsible person in the community. Under the
supervision and guidance of the local social welfare and development officer, and
in coordination with his/her parents/guardian, the child in conflict with the law OR
YOUTHFUL OFFENDER shall participate in community-based programs, which
shall include, but not limited to:

KK XXX."
SEC. 31. Section 56, Title VI of RA 9344 is hereby amended to read as follows:

“SEC. 56. After-Care Support Services for Children in Conflict with the Law OR
YOUTHFUL OFFENDERS. - Children in conflict with the law OR YOUTHFUL
OFFENDERS whose cases have been dismissed by the proper court because of
good behavior as per recommendation of the DSWD social worker and/or any
accredited NGO youth rehabilitation center shall be provided after-care services
by the local social welfare and development officer for a period of at least six (6)
months. The service includes counseling and other community-based services
designed to facilitate social reintegration, prevent re-offending and make the
children productive members of the community.”

SEC. 32. Any act or provision of law inconsistent with this Act is hereby
repealed.

SEC. 33. This Act shall take effect upon its approval.

Approved,