FIFTEENTH CONGRESS OF TIlE) 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
Introduced by Senator Francis N. Pangilinan 
EX)'LANATORY NOTE 
The fundamental law of the land clearly mandates the protection and nurturing of 
children, recognizing thatthcy are an indispensable part of the "Filipino family" which in 
turn is the foundation of the nation. Article 15 Section 3, par. 2 of the 1987 Constitution 
states -
"Section 3. The State shall defend: 
"Par. 2 - The right of children 10 assistance, including propel' 
care and nulril ion, and special protection from all forms of negleel. 
abuse, cruelty, exploitation, and other conditions prejudicial to their 
development. " 
Giving life to this imperative command of the constitution, among other laws, the 
Republic Act 9344 or otherwise known as the "Juvenile Justice and Welfare Act 0[2006" 
(.JJW A of 2006), with unusual unanimity from our political leaders, was passed by the 
Philippine Congress. The support that the JJW A had acquired in both houses of congress 
is testament to the realization that there is an urgent need to protect our youthtlll 
offenders from the hazards and unresponsive judicial and penal practices in our 
jurisdiction. 
The sem:ch for the ideal judicial and penal measures to be employed to Children in 
Conflict with Law ("CICL") is a continuous task for the legislative branch as it is also an 
unending challenge to the executive and judicial branches to implement. Accordingly, 
this bill is promptly filed to address the legitimate concerns and realities confronted by 
the different sectors of our government implementing the provisions of the JJW A of 2006 
and ultimately to make the law more responsive to the actual needs and concerns of it 
main beneficiary - the CICL. 
In view of the foregoing, the approval of this bill is earnestly sought. 


FIfTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
,SENA~1iBB 
S.B. No. 
Introduced by Senator Francis N. Pangilinan' .... 
AN ACT 
AMENDING 
REPUBLIC 
ACT 
NO. 
9344 
OTHERWISE 
KNOWN 
AS 
"AN 
ACT 
ESTABLISHING A COMl'REHENSIVE JUVENILE 
.JUSTICE AND WELFARE SYSTEM, CREATING 
THE 
JUVENILE 
JUSTICE 
AND 
WELFARE 
COUNCIL 
UNDER 
THE 
DEPARTMENT 
OF 
SOCIAL 
WELFARE 
AND 
DEVELOPMENT, 
APPR(WRIATING FUNDS THEREFOR, AND FOR 
OTHER PURl'OSES" 
;[1' 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled' 
Section J: The Title of Republic Act No. 9344 is hereby amended to read 
2 
as follows: 
3 
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE 
4 
JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE 
5 
.JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF 
6 
[JUSTICE] 
SOCIAL 
WELFARE 
AND 
DEVlcLOPMENT, 
7 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.I 
8 
Section [1] 2: 
Section 6 of RepubJic Act No. 9344 is hereby amended to read as 
9 
follows: 
J 0 
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) 
11 
years of age or under at the time of the commission of the offense shall be exempt 
12 
from criminal liability. However, the child shall be subjected to an intervention 
13 
program pursuant to Section 20 of this Act. 
f4 
A CHILD IS DEEMED TO BE FIFTEEN (15) YEARS OF AGE ON 
15 
THE DAY OF THE FIFTEENTH ANNIVERSARY OF HIS BIRTH DATIL 
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6 
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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 discernment, in which case, such child shall 
be subjected to the appropriate proceedings in accordance with this Act. 
The exemption from criminal liability herein established does not include 
exemption from civil liability, which shall bc enforced in accordance with 
existing laws. 
8 
Sec. [2.1 3: 
Section 8 of Republic Act No. 9344 is hereby amended to read as 
9 
follows: 
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SEC. 8. Juvenile Justice and Weifare Council (JJWC). - A Juvenile Justice 
and Welfare Council (JJWC) is hereby created and attached to the [Department of 
JusticelDEI'ARTMENT OF SOCIAL WELFARE AND DEVELOl'MENT 
and placed under its administrative supervision. The JJWC shall be chaired by an 
undersecretary of the Department of Social Welfare and Development. It shall 
ensure the effective implementation of this Act and coordination an~ong the 
following agencies: 
(a) DEPARTMENT OF JUSTICE (DOJ) 
([a1 b) Council for the Welfare of Children (ewC); 
( [b] c) Department of Education (DepEd); 
( Ic] d) Department oflhe Interior and Local Government (DILG); 
( ld] c) Public Attorney's Office (PAO); 
( l e J f) Bureau of Corrections (BUCOR); 
( [t] g) Parole and Probation Administration (PPA); 
( [gl b) National Bureau ofInvestigation (NBI); 
( [hJ i) Philippine National Police (PNP);. 
( Ii] j) Bureau of Jail Management and Penology (BJMP); 
( Lil k) Commission on Human Rights (CHR); 
( [kll) Technical Education and Skills Development Authority (TESDA); 
3 


( [I] m) National Youth Commission (NYC); and 
2 
( [m'l n) Other institutions focused on juvenile justice and intervention programs, 
3 
The JJWC shall be composed of representatives, whose ranks shall not be 
4 
lower than director, to be designated by the concerned heads of the following 
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departments or agencies: 
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(a) Department of Justice (DOJ); 
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(b) Department of Social Welfare and Development (DSWD); 
8 
(c) Council for the Welfare of Children (CWC) 
9 
(d) Department of Education (DepEd); 
10 
(e) Department of the Interior and Local Government (DILG); 
1 J 
(I) Commission on Human Rights (CHR); 
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(g) National Youth Commission (NYC); and 
13 
(h) Two (2) representatives from NGOs, lone] to be designated by the Secretary 
14 
of[JusticeJ land the other] SOCIAL WELFARE AND DEVELOPMENT [and 
15 
. the other]. 
16 
The JJWC shall convene within fiLleen (15) days from the effectivity of 
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19 
20 
2J 
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this 
Act. 
The 
Secretary 
of 
[Justice] 
SOCIAL 
WELFARE 
AND 
DEVELOPMENT [and the] shall detet'mine the organizational structure and 
staffing pattern of the JJWc. 
IN THE IMPLEMENTATION OF THIS ACT, THE JJWC SHALL 
CONSULT 
WITH 
THE 
V ARlOUS 
LEAGUES 
OF 
LOCAL 
GOVERNMENT OFFICIALS. 
The nwc shall coordinate with the Offiee of the Court Administrator and 
the Philippine Judicial Academy to ensure the realization of its mandate and the 
proper discharge of its duties and functions, as herein provided. 
4 


Sec. [31 4: Section 9 of Republic Act No. 9344 is hereby amended to read 
2 
as follows: 
o ., 
SEC. 9. Duties and Functions of the JJWc. - The J.JWC shall have the 
4 
Jollowing duties and functions: 
5 
Ca) 
To oversee the implementation of this Act; 
6 
(b) 
To advise the President on all matters and policies relating to 
7 
juvenile justice and welfare; 
8 
ec) 
To assist the concerned agencies in the review and redrafting of 
9 
existing policiesiregulations or in the formulation of new ones in line with the 
10 
provisions of this Act; 
11 
(d) 
To periodically develop a comprehensive 3 to 5-year national 
12 
juvenile intervention program, with the participation of government agencies 
13 
concerned, NOOs and youth organizations; 
14 
(e) 
To coordinate the implementation of the juvenile intervention 
15 
programs and activities by national government agencies and other activities 
16 
which may have an important bearing on the success of the entire national 
17 
juvenile intervention program. 
All programs relating to juvenile justice and 
18 
welfare shall be adopted in consultation with the J.JWC; 
19 
(f) 
To 
formulate 
and recommend policies and 
strategies 
111 
20 
consultation with children for the prevention of juvenile delinquency and the 
21 
administration of justice, as well as for the treatment and rehabilitation of the 
22 
children in conDict with the law; 
(g) 
To collect relevant information and conduct continuing research 
24 
and support evaluations and studies on all malters relating to juvenile justice and 
25 
welfare, such as, but not limited to: 
26 
(1) the performance and results achieved by juvenile intervention 
27 
programs and by activities of the local government units and other government 
28 
agenclCs; 
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(2) the periodic trends, problems and causes of juvenile delinquency and 
crimes; and 
(3) the particular needs of children in conflict with the law in custody. 
The data gathered shall be used by the JJWC in the improvement of the 
adminis-lration of juvenile justice and welfare system. 
THE JJWC SHALL CONDUCT A STUDY ON THE AGE Ol' 
mSCERNMENT OF FILIPINO CHILDREN EVERY THREE (3) YEARS. 
The J.JWC shall set up a mechanism to ensure that children are involved in 
research and policy development. 
(h) 
Through duly designated persons and with the assistance of the 
agencies provided in the preceding section, to conduct regular inspections in 
detention and rehabilitation facilities and to undertake spot inspections on their 
own initiative in order to check compliance with the standards provided herein 
and to make the necessary recommendations to appropriate agencies; 
(i) 
To initiate and coordinate the conduct of trainings for the 
personnel of the agencies involved in the administration of the juvenile justice and 
welfare system and the juvenile intervention program; 
Cj) 
To submit an annual report to the President on the implementation 
of this Act; and 
(k) 
To perform such other functions as may be necessary to implement 
the provisions ofthis Act. 
Sec. [41 5. Section 20 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 20. Cilildren BelolV 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, IN 
CONSULTATION WITH THE LOCAL SOCIAL WELFARE AND 
DEVELOPMENT OFI?ICER, has the duty to immediately release the child to 
6 


the custody of his/her parents or guardian, or in the absence thereof, the child's 
2 
nearest 
relative[,]. 
THE 
CHILD 
SHALL 
BE SUBJECTED 
TO 
A 
3 
COMMUNITY-BASED INTERVENTION PROGRAM SUPERVISED BY 
4 
THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER, 
5 
UNLESS THE BEST INTEREST OF THE CHILD REQUIRES THE 
6 
REFERRAL OF THE CHILD TO A YOUTH [REHABILATION CENTER] 
7 
CARE FACILITY MANAGED BY THE ])EPARTMENT OF SOCIAL 
8 
WELFARE AN]) ])EVELOPMENT (DSWD), LOCAL GOVERNMENT 
9 
UNITS 
(LGUs), 
OR LICENSED 
AND/OR ACCREDITTED 
NGOs 
10 
MONITORED BY THE DSWD. [Said authority shall give notice to t] The local 
11 
social welfare and development officer [who will] SHALL determine the 
12 
appropriate programs FOR THE CHILD WHO HAD BEEN RELEASE]), in 
13 
consultation with the child and [to] the person having custody over the child. If 
14 
the parents, guardians or nearest relatives cannot be located, or if they refuse to 
15 
take custody, the child may be released to any of the following: 
16 
(1) a duly registered nongovernmental or religious organization; 
J 7 
(2) a barangay olTicial or a member of the Barangay Council for the Protection of 
18 
Children (BCPC); 
19 
(3) a local social welfare and development officer; or when and where 
20 
appropriate, the DSWD. 
21 
[If the child referred to herein has been found by the Local Social Welfare and 
22 
Development Office to be abandoned, neglected or abused by his parents, or in 
23 
the event that the parents will not comply with the prevention program,] IF THE 
24 
[BEST INTEREST OF THE CHILD REQUIRES THAT HE OR SHE BE 
25 
PLACED IN A YOUTH REHABILIATION CENTER] CHILD HAS BEEN 
26 
27 
FOUND BY THE LSWDO TO BE 
DEPENDENT, ABANDONED OR 
NEGLECTIW AND THE BEST INTEREST OF THE CHILD REQUIRES 
7 


THAT HE OR SHE BE PLACED IN A YOUTH (REHABILITATION 
2 
CENTER] CARE I?ACILITY, THE CHILD'S I'ARENTS OR GUARDIANS 
3 
SHALL 
EXECUTE 
A 
WRITTEN AUTHORIZATION 
FOR THE 
4 
VOLUNTARY COMMITMENT OF THE CHILD; PROVIDED, THAT IF 
5 
THE CHILD HAS NO I'ARENTS OR GUARDIANS OR IF THEY REFUSE 
6 
OR FAIL TO EXECUTE THE WRITTEN AUHTORIZATION FOR 
7 
VOLUNTARY 
COMMITMENT, 
the 
proper 
petition 
for 
involuntary 
8 
commitment shall be IMMEDIATELY filed by the DSWD or the Local Social 
, 
,9 
Welfare and Development Office pursuant to Presidential Decree No. 603, AS 
10 
. AMENDED, otherwise known as "The Child and Youth Welfare Code" AND 
II 
THE SUI'REME COURT RULE ON COMMITMENT OF CHILDREN; 
12 
PROVIDED FURTHER, THAT THE MINIMUM AGE FOR CHILDREN 
13 
COMMITTED TO A YOUTH 
[REHABILATION CENTER] CARE 
14 
FACILITY SHALL BE TWELVE (12) YEARS OLD. 
15 
SEC. 20-A. REPETITION OF OFFENSES. --
A CHILD WHO IS 
16 
FIFTEEN YEARS OF AGE OR BELOW FIFTEEN (15) YEARS OF AGE 
17 
AND WHO COMMITS AN OFFENSE FOR THE THIRD TIME OR 
18 
OFTENER SHALL BE DEEMED A NEGLECTED CHILD UNDER 
19 
PRESDENTIAL DECREE NO. 603, AS AMENDED, AND SHALL 
20 
UNDERGO 
AN 
INTENSIVE 
INTERVENTION 
PROGRAM[S] 
21 
SUPERVISED 
BY 
THE 
LOCAL 
SOCIAL 
WELFARE 
AND 
22 
DEVELOPMENT 
OFFICER; 
PROVIDED 
THAT, 
IF THE 
BEST 
23 
INTEREST OF THE CHILD REQUIRES THAT HE OR SHE BE PLACED 
24 
IN A YOUTH 
[REHABILATION CENTER] CARE FACILITY, THE 
2S 
CHILD'S PARENTS OR GUARDIANS SHALL EXECUTE A WRITTEN 
26 
AUTHORIZATION FOR THE VOLUNTARY COMMITMENT OF THE 
27 
CHILD; PROVIDED, THAT IF THE CHILD HAS NO PARENTS OR 
28 
GUARDIANS OR IF THEY REFUSE OR FAIL TO EXECUTE THE 
8 


WRITTEN AUHTORIZATION FOR VOLUNTARY COMMITMENT, 
2 
THE PROPER PETITION FOR INVOLUNTARY COMMITMENT 
3 
SHALL BE IMMEDIATELY FILED BY THE DSWD OR THE LOCAL 
4 
SOCIAL WELFARE AND DEVELOPMENT OFFICE PURSUANT TO 
5 
PRESIDENTIAL DECREE NO. 
603, 
AS 
AMENDED, AND 
THE 
6 
SUPREME COURT RULE ON COMMITMENT OF CHILDREN; 
7 
PROVIDED FURTHER, THAT THE MINIMUM AGE FOR CHILDREN 
8 
COMMITTED TO A YOUTH [REHABILATION CENTER] CARE 
9 
FACILITY SHALL BE TWELVE (12) YEARS OLD. 
10 
SEC. 20-B. HEINOUS CRIMES COMMITTED BY CHILDREN WHO 
11 
ARE EX~'MPT. --
A CHILD WHO IS FIFTEEN YEARS OF AGE OR 
12 
BELOW FIFTEEN (15) YEARS OF AGE AND WHO COMMITS A 
13 
PARRICIDE, MURDER, INFANTICIDE, KIDNAPPING AND SERIOUS 
14 
ILLEGAL DETENTION WHERE THE VICTIM IS KILLED OR RAPED, 
15 
ROBBERY WITH HOMICIDE OR RAPE, DESTRUCTIVE ARSON, 
16 
RAPE, OR CARNAPPING WHERE THE DRIVER OR OCCUPANT IS 
, 
17 
KILLED OR RAPED SHALL BE DEEMED A NEGLECTED CHILD 
18 
UNDER PRESDENTIAL DECREE NO. 603, AS AMENDED, AND, IF THE 
19 
BEST INTEREST OF THE CHILD SO REQUIRES, SHALL BE PLACED 
20 
IN A YOUTH [REHABILITATION CENTER] CARE FACILITY. THE 
21 
CHILD'S PARENTS OR GUARDIANS SHALL EXECUTE A WRITTEN 
22 
AUTHORIZATION FOR THE VOLUNTARY COMMITMENT OF THE 
CHILD; .. PROVIDED, THAT Il' THE CHILD HAS NO PARENTS OR 
24 
GUARDIANS OR IF THEY REFUSE OR FAIL TO EXECUTE THE 
25 
WRITTEN AUHTORIZATION FOR VOLUNTARY COMMITMENT, 
26 
Tim PROPER PETITION FOR INVOLUNTARY COMMITMENT 
27 
SHALL Bl~ IMMEDIATELY FILED BY THE DSWD OR THE LOCAL 
28 
SOCIAL WELFARE AND. DEVELOPMENT OFFICE PURSUANT TO 
9 


PRI~SmENTIAL DECREE NO. 
603, AS 
AMENDED, AND THE 
2 
SUPREME COURT RULE ON COMMITMENT OF CHILDREN; 
3 
PROVIDED FURTHER, THAT THE MINIMIJM AGE FOR CHILDREN 
4 
COMMITTED TO A YOUTH [REHABILATION CENTER] CARE 
5 
FACILITY SHALL BE TWELVE (12) YEARS OLD. 
6 
SEC. 20-C. EXPLOITATION OF CHILDREN FOR COMMISSION 
7 
OF CRIMES. --
ANY PERSON WHO, IN THE COMMISSION OF A 
8 
CRIME, MAKES USE, TAKES ADVANTAGE OF, OR PROFITED FROM 
9 
THE USE OF CHILDREN, SHALL BE IMPOSED THE PENALTY 
10 
PRI,SCRIBED BY LAW FOR THE CRIME COMMITTED IN ITS 
11 
MAXIMUM PERIOD. 
12 
SEC. 
20-D. 
ASSISTANCE TO 
VICTIMS OF OFFENSES 
13 
COMMITTED BY CHILDREN. - [IF] THE VICTIM OF THE OFFENSE 
14 
COMMITTED BY A CHILD [IS ALSO A CHILD,] AND THE VICTIM'S 
15 
FAMILY SHALL BE PROVIDED THE API)ROPRIATE ASSISTANCE 
16 
AND PSYCHOSOCIAL INTERVENTION [SHALL BE PROVIDED TO 
17 
THI, VICTIM-CHILD AND HIS OR HER FAMILY] BY THE LOCAL 
18 
SOCIAL WELFARE AND DEVELOPMENT OFFICER AND THE 
19 
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT lAS 
20 
PROVIDED IN REPUBLIC ACT NO. 7610, OTHERWISE KNOWN AS 
21 
THE "SI)ECIAL PROTECTION OF CHILDREN AGAINST CHILD 
22 
ABUSE, EXPLOITATION AND DISCRIMINATION ACT" AND ITS 
23 
IMPLEMENTING RULES AND REGULATIONS]. 
24 
Sec. [5] 6: 
Section 22 of Republic Act No. 9344 is hereby amended to 
25 
read as follows: 
26 
SEC. 22. Duties During Initial Investigation. - The law enforcement 
27 
officer shall, in his/her investigation, determine where the case involving the child 
28 
in connict with the law should be referred. 
JO 


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II 
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The taking oflhe statement of the child shall be condncted in the prescnce 
of the following: (l) child's counsel of choice or in the absence thereof, a lawyer 
[rom tbe Public Attorney's Office; (2) the child's parents, guardian, or nearcst 
relative, as the case may be; and (3) the local social welfare and development 
oflicer. 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 of the 
BCPC. 
THE SOCIAL WORKER SHALL CONDUCT AN 
INITIAL 
ASSESSMENT 
TO 
DETERMINE 
THE 
APIJROPRIA TE 
INTERVENTIONS AND WHETHER THE CHILD ACTED WITH 
DISCERNMENT, USING THE ASSESSMENT TOOLS DEVELOPED BY 
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT. 
THE INITIAL ASSESSMENT SHALL BE WITHOUT PREJUDICE TO 
THE PREPARATION OF A MORE COMPREHENSIVE CASE STUDY 
REPORT. lAfter the initial investigation, t] The local social worker [conducting 
the same may] SHALL do either of the following: 
a) 
b) 
Sec. 16] 7: 
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 tbe child is above fifteen (15) years old but below eighteen 
(18) and who acted with discernment, proceed to diversion 
under the following chapter. 
Section 33 of Republic Act No. 9344 is hereby amended to read as 
25 
follows: 
26 
SEC. 33. Preliminary Investigation and Filing of Information. - The 
27 
prosecutor shall conduct a preliminary investigation in the following instances: (a) 
II 


when the child in conflict with the law does not qualify for diversion: (b) when 
2 
the child, his/her parents or guardian does not agree to diversion as specifJed in 
3 
Sections 27 
and 28; 
and 
(c) 
when considering the 
assessment and 
4 
.recommendation of the social worker, the prosecutor determines that diversion is 
5 
not appropriate [or the child in conflict with the law. 
6 
Upon serving the subpoena and the aftldavit of complaint, the prosecutor 
7 
shall notify the Public Atlorney:s Office of such service, as well as the personal 
8 
information, and placc of detention of the child in conilict with the law. 
9 
Upon determination of probable cause by the prosecutor, the information 
10 
against the child shall be flled before the Family Court within forty-five (45) days 
II 
fi-om the start of the preliminary investigation. THE INFORMATION MUST 
12 
ALLEGE THAT THE CHILD ACTED WITH DISCERNMENT, 
13 
Sec. \7J 8: 
Section 57 of Republic Act No. 9344 is hereby amended to read as 
14 
follows: 
15 
SEC. 57. Status Offenses, - Any conduct not considered an offense or not 
16 
penalized if committed by an adult shall not be considered an offense and shall 
17 
not be punished if committed by a child. 
18 
CURFEW 
ORDINANCES 
ENACTED 
BY 
LOCAL 
19 
GOVERNMENTS SHALL BE FOR THE PROTECTION OF CHILDREN. 
20 
NO PENALTY SHALL BE IMPOSED ON CHILDREN FOR CURFEW 
21 
VIOLATIONS. INSTEAD THE CHILD SHALL BE BROUGHT TO HIS 
22 
OR HER RESIDENCE OR TO THE BARANGA V HALL TO BE 
FETCHED BY HIS OR HER PARENTS. 
THE ORDINANCE SHALL 
24 
ALSO PROVIDE FOR INTERYENTION PROGRAMS, SUCH AS 
25 
COUNSELLING, 
ATTENDANCE 
IN 
GROUP 
ACTIYITIES 
FOR 
12 


CHILDREN, 
AND, 
FOR 
THE 
PARENTS, 
ATTENDANCE 
IN 
2 
PARENTING EDUCATION SEMINARS. 
3 
Sec. [81 9: Separability Clause - If any provision of this Act is declared invalid 
4 
or unconstitutional, the provisions not affected thereby shall continue to be in full force 
5 
and elTec!. 
6 
Sec. [91 10: Repealing Clause. - All laws, decrees or rules inconsistent with the 
7 
provisions of this Act are hereby repealed or modifIed accordingly. 
8 
Sec. [10] 11: 1Y!eclivity Clause -- This Act shall take effect fifteen (15) days after 
9 
the completion of its publication in at least two (2) national newspapers of general 
10 
circulation. , 
Approved, 
13