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

15" CONGRESS
First Regular Session

House BL No.__ 467

Introduced by Honorable Salvador H. Escudero II

EXPLANATORY NOTE

This bill seeks to restore the criminal liability of children aged below cighteen (18)
years, amending for the purpose Republic Act (RA) No. 9344, otherwise known as the
Juvenile Justice and Welfare Act of 2006.

Under RA 9344, all children in conflict with the law, aged fifteen (15) years of age
and below, as well as those aged above fifteen (15) but below eighteen (18) who acted
without discernment, are exempt from criminal liability. Before they are released to the
families and the communities, these children undergo psycho-social reformation to imbue in
them the proper values and understanding. Due to severe lack of institutions, however, these
children in conflict with the law are being released without undergoing intervention programs,
Hence, the recidivist attitude of many children in conflict with the law.

Further, such children become vulnerable to exploitation by criminal syndicates who
are now aware of these limitations in our juvenile justice system,

With this bill, children in conflict with the law
liability.

11 no longer be exempt from criminal
In view of the foregoing, the approval of this bill is highly recommended.

ZA
SALVADOR H. ESCUDERO II
Representative

1* District , Sorsogon



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

15® CONGRESS
First Regular Session

HOUSE BILLNO.__46'7

Introduced by Honorable Salvador H. Escudero HI

AN ACT
RESTORING THE CRIMINAL LIABILITY OF A PERSON UNDER EIGHTEEN
YEARS OF AGE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT OF
2006.

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, otherwise known as the Juvenile
Justice and Welfare Act of 2006, is hereby amended to read as follows:

“Sec. 6. Minimum Age of Criminal Responsibility. --- A child

fifteen (15) years of age or under BUT OVER NINE (9) YEARS OF AGE

WHO WAS DI

ARED 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 program 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 discernment, in which case,
such child shall be subjected to the appropriated 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:

[Sec.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 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 or 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 organizations; 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. Sec. 22 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 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 of the BCPC.

[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 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. If for any reason, any section or provision of this Act is declared

unconstitutional or invalid by the Supreme Court, the other sections or provisions hereof not
affected by such declaration shall remain in force and effect.
SEC.S. _Allexisting laws, orders, decrees, rules and regulations or parts thereof

inconsistent with the provi

s of this Act are hereby repealed or modified accordingly.
SEC. 6. This Act shall take effect fifteen (15) days after its publication in at

least two (2) national newspapers of general circulation.

Approved,