Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Fifteenth Congress
First Regular Session

HOUSE BILL NO. 2611

Tntroduced by Hon. Mary Mitzi “Mitch” L. Cajayon

EXPLANATORY NOTE

The fundamental law provides that, “The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy” (Section 5, Article II, 1987
Constitution).

In view of the above constitutional mandate, this bill seeks to amend Republic Act
No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006” by restoring
the criminal liability of children aged below eighteen (18) years.

More than four years of implementation have shown the urgent need to improve the
juvenile justice law to address legitimate concerns and make it attune with the realities of the
times as various sectors have already expressed alarm over the possibility that crime
syndicates are taking advantage of this landmark legislation by utilizing juveniles in their
nefarious activities.

The proposal makes a pragmatic stance in precluding juvenile-related offenses by
restoring the criminal liability of children aged below eighteen (18) years. It also provides for
parental responsibility with the end view of making parents actively involved in the
supervision of their children; extends assistance to victims of offenses committed by
children; and imposes harsher penalties for crime syndicates that utilize children in their
illegal activities.

With this proposal, it is hoped that the juvenile justice law will not only protect the
best interests of the child but also promote the general welfare and maintain peace and order
that everyone in this country rightly deserves.

In view of the foregoing, the passage of this bill is earnestly sought.

MARY MITZI “Mitch” L. CAJAYON


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City
Fificenth Congress
First Regular Session

HOUSE BILLNO.__ 2614

Introduced by Hon. Mary Mitzi “Mitch” L. Cajayon

AN ACT
RESTORING THE CRIMINAL RESPONSIBILITY OF CHILDREN UNDER
EIGHTEEN (18) YEARS OF AGE, AMENDING REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF
2006” AND FOR OTHER PURPOSES

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

SECTION 1. Section 6 of Republic Act No. 9344 is hereby amended to read as
follows:

Section 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under BUT OVER NINE (9) YEARS OF AGE WHO WAS DECLARED BY THE COURT
TO HAVE ACTED WITHOUT DISCERNMENT at the time of the commission of the
offense shall be exempt from criminal liability. [However, the child shall be subjected to an
intervention pursuant to Section 20 of this Act.]

A child above fifteen (15) years 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 discerment, in which case, such child shall be subjected to the appropriate
proceedings in accordance with this Act.]OR A CHILD FIFTEEN (15) YEARS OF AGE OR
UNDER BUT OVER NINE (9) YEARS OF AGE WHO WAS DECLARED BY THE
COURT TO HAVE ACTED WITH DISCERNMENT AT THE TIME OF THE
COMMISSION OF THE OFFENSE SHALL NOT, IF FOUND GUILTY OF THE
OFFENSE CHARGED, BE SENTENCED TO ANY PENALTY.

THE SENTENCE IS SUSPENDED AND THE CHILD IS ORDERED COMMITTED TO A
REFORMATORY INSTITUTION; PROVIDED, THAT IF THE CHILD BECOMES
INCORRIGIBLE WHILE IN THE REFORMATORY INSTITUTION, THE CHILD
SHALL BE RETURNED TO THE COURT FOR THE IMPOSITION OF THE PROPER
PENALTY.

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

SEC. 2. Section 20 of Republic Act No. 9344 is hereby repealed as follows:

[Section 20. Children Below the Age of Criminal Responsibility. - If it has been determined
that the child taken into custody is fifteen (15) years old 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.
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.3. Section 22 of Republic Act No. 9344 is hereby amended to read as follows:

Section 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 should be
referred.

The taking of the statement of the child shall be conducted in the presence of the following:
(1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorney's
Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and (3) the
local social welfare and development officer. In the absence of the child's parents, guardian,
or nearest relative, and the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO, religious group, or member
ofthe BCPC.

[Afier 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 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) and who acted with
discernment, proceed to diversion under the following chapter.]

SEC. 4. Republic Act No. 9344 is further amended by inserting a new section
designated as Section 61 to read as follows:

SECTION 61. PARENTAL RESPONSIBILITY. THE COURT MAY REQUIRE A PARENT
OF A CHILD IN CONFLICT WITH THE LAW TO UNDERGO COUNSELING OR DO
SUCH OTHER THINGS THAT WOULD IN THE OPINION OF THE COURT ADVANCE
THE WELFARE AND BEST INTERESTS OF THE CHILD.

‘A PARENT, AS USED IN THIS ACT, SHALL MEAN ANY OF THE ~=FOLLOWING:
(A) A BIOLOGICAL PARENT OF THE CHILD;
(B) AN ADOPTIVE PARENT OF THE CHILD;
(C) AN INDIVIDUAL WHO HAS CUSTODY OF THE CHILD
A COURT EXERCISING JURISDICTION WITH RESPECT TO A CHILD IN CONFLICT
WITH THE LAW MAY REQUIRE THE ATTENDANCE, AT THE PLACE WHERE
THE PROCEEDINGS ARE BEING OR ARE TO BE CONDUCTED, OF ONE OR MORE

PARENTS OF THE CHILD. THE COURT MAY SPECIFY WHICH PARENTS ARE TO
ATTEND.

THE PARENT SHALL BE LIABLE FOR THE DAMAGES UNLESS. THE ~— PARENT.
SATISFIES THE COURT THAT HE OR SHE WAS EXERCISING REASONABLE


SUPERVISION OVER THE CHILD AT THE TIME THE CHILD COMMITTED THE
OFFENSE AND MADE REASONABLE EFFORTS TO PREVENT OR DISCOURAGE
THE CHILD FROM COMMITTING THE OFFENSE.

SEC. 5. Republic Act No. 9344 is further amended by inserting a new section
designated as Section 62 to read as follows:

SECTION 62. EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES. ANY
PERSON WHO, IN THE COMMISSION OF A CRIME, MAKES USE, TAKES
ADVANTAGE OF, OR PROFITS FROM THE USE OF CHILDREN, SHALL BE
IMPOSED THE PENALTY PRESCRIBED BY LAW FOR THE CRIME COMMITTED IN
ITS MAXIMUM PERIOD.

SEC. 6. Republic Act No. 9344 is further amended by inserting a new section
designated as Section 63 under a new chapter designated as Chapter 5 - “Assistance to
Victims of Offenses Committed By Children” - to read as follows:

SECTION 63, ASSISTANCE TO VICTIMS OF OFFENSES COMMITTED BY CHILDREN.
IF THE VICTIM OF THE OFFENSE COMMITTED BY A CHILD IS ALSO A CHILD,
THE APPROPRIATE ASSISTANCE AND PSYCHOSOCIAL INTERVENTION SHALL.
BE PROVIDED TO THE VICTIM-CHILD AND HIS OR HER FAMILY BY THE LOCAL
SOCIAL WELFARE AND DEVELOPMENT OFFICER AND THE DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, AS PROVIDED IN REPUBLIC ACT NO.
7610, OTHERWISE KNOWN AS_ THE “SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT” AND ITS
IMPLEMENTING RULES AND REGULATIONS.

SEC. 7. Renumbering of Sections. Sections of Republic Act No. 9344 subsequent to
the deleted and inserted sections are hereby renumbered accordingly.

SEC. 8, Implementing Rules and Regulations. The Juvenile Justice and Welfare
Council is hereby directed to make the necessary amendments to the implementing rules and
regulations of Republic Act No. 9344 in order to reflect the changes embodied in the Act.

SEC. 9. Repealing Clause. All other laws, rules and regulation and/or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. Separability Clause. If any part or section of this Act is declared
unconstitutional for any reason whatsoever, such declaration shall not in any way affect the
other parts or sections of this Act.

SEC. 11. Effectivity Clause. This Act shall take effect fifteen [15] days after
publication in two [2] newspapers of general circulation in the Philippines.

Approved,