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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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Second Regular Session 
'14 
JUL 28 P 1 :40 
SENATE 
S.No. 
2329 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING THE COMMITTEE ON SCHOOL DISCIPLINE POLICY IN THE 
JUVENILE JUSTICE AND WELFARE COUNCIL 
states: 
EXPLANATORY NOTE 
Republic Act No. 9344, aka "Juvenile Justice and Welfare Act of 2006", Section 2 
SEC. 2. Declaration of State Policy. - The following State policies 
shall be observed at all times: 
(a) The State recognizes the vital role of children and youth in nation 
building and shall promote and protect their physical, moral, spiritual, 
intellectual and social well-being ... 
(b) The State shall protect the best interests of the child through 
measures that will ensure the observance of international standards of child 
protection, especially those to which the Philippines is a party. Proceedings 
before any authority shall be conducted in the best interest of the child and 
in a manner which allows the child to participate and to express 
himself/herself freely. The participation of children in the program and 
policy formulation and implementation related to juvenile justice and 
welfare shall be ensured by the concerned government agency. 
(c) The State likewise recognizes the right of children to assistance, 
including proper care and nutrition, and special protection from all forms of 
neglect, abuse, cruelty and exploitation, and other conditions prejudicial to 
their development. 
(d) Pursuant to Article 40 of the United Nations Convention on the 
Rights of the Child, the State recognizes the right of every child alleged as, 
accused of, adjudged, or recognized as having infringed the penal law to be 
treated in a manner consistent with the promotion of the child's sense of 
dignity and worth, taking into account the child's age and desirability of 
promoting his/her reintegration. Whenever appropriate and desirable, the 
State shall adopt measures for dealing with such children without resorting 
to judicial proceedings, providing that human rights and legal safeguards 
are fully respected. It shall ensure that children are dealt with in a manner 
appropriate to their well-being by providing for, among others, a variety of 
1 


disposition measures such as care, guidance and supervISIOn orders, 
counseling, probation, foster care, education and vocational training 
programs and other alternatives to institutional care. 
Under the Juvenile Justice and Welfare Act, Section 9, as amended, the Juvenile 
Justice and Welfare Council (JJWC) shall have thy following duties, among others: 
I. To oversee the implementation ofthe Act; 
2. To advise the President on all matters and policies relating to juvenile justice 
and welfare; 
3. To consult with the various leagues of local government officials in the 
formulation and recommendation of policies and strategies for the prevention of juvenile 
delinquency and the promotion of juvenile justice and welfare; 
4. To formulate and recommend policies and strategies 111 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; 
5. To collect relevant information and conduct continuing research and support 
evaluations and studies on all matters relating to juvenile justice and welfare. 
6. To initiate and coordinate the conduct of trainings for the personuel of the 
agencies involved in the administration of the juvenile justice and welfare system and the 
juvenile intervention program; 
I 
This bill seeks to establish the Committee on School Discipline Policy within the 
JJWC in order to reduce the number of juveniles who are incarcerated and develop a 
criminal record based on activity that occurs while the juvenile is at school. 
The proposed measure authorizes a grant .program for local government units to 
invest in reforming their policies and procedures. Applicants to the grant program will be 
given credit for taking initial steps to reform their juvenile justice measures. 
z 


It also provides a funding source for schools to help build the capacity ofteachers 
and other personnel to implement prevention and mitigation strategies to guarantee that 
minor disciplinary issues do not transform into criminal justice issues. 1 
1 This bill was originally filed by Mr. Cedric Richmond in the U.S. House of Representative~ 
(I-I.R. 3153; 113'h Congress, First Session). 
3 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
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'14 
JUL 28 P 1 :40 
___________ 
S_' N_o_, __ 2_3_2_9 ________ 
IUX'EIVIW BY:----f. 
Introduced by Senator Miriam Defensor Santiago 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
ESTABLISHING THE COMMITTEE ON SCHOOL DISCIPLINE POLICY WITHIN 
3 
THE JUVENILE JUSTICE AND WELFARE COUNCIL 
4 
SECTION 1. Short Title, - This Act shall be known as the "Student Disciplinary 
5 
Fairness Act", 
6 
SECTION 2, Establishment of Committee, - There is hereby established within 
7 
the Juvenile Justice and Welfare Council (JJWC) the Committee on School and 
8 
Discipline Policy (here referred to as the "Committee"), headed by a Director appointed 
9 
by the head of the JJWC, The Committee shall: 
10 
(l) collect and publish data, in collaboration with the Department of Education, 
11 
relating to the arrest and incarceration of juvenile students for violations of school mles 
12 
or policies; 
13 
(2) work with local government units and non-governmental organizations in order 
14 
to expand the use of alternatives to detention and incarceration programming in schools 
15 
in order to reduce the number of juvenile students who are arrested and incarcerated for 
16 
violating school mles or policies; and 
17 
(3) collect and publish data relating to the relationship between the prdsence of a 
18 
school officer at a school and the rate of juvenile students who are arrested and 
19 
incarcerated for violations of school rules or policies, 
1 


1 
SECTION 3. School Discipline Policy Grant Program.-
2 
(a) Grants Authorized. - The Director may make grants to local government units 
3 
in order to reduce the number of juveniles who are incarcerated and develop a criminal 
4 
record based on activity that occurs while the juvenile is at school. 
5 
(b) Application. - A local government unit seeking a grant under this section shall 
6 
submit an application to the Director at ,such time, in such manner, and containing such 
I 
7 
information as the Director may reasonably require. 
8 
(c) Preference. - The Director shall give preference in awarding grants to an 
9 
applicant that demonstrates that it has, at the time of submitting an application, begun to 
10 
take steps to further the purpose stated in paragraph Ca). 
11 
Cd) Uses of Funds. - A local government unit that receives a grant under this Act 
12 
shall use such funds for programs that reduce the rate of juvenile students who are 
13 
arrested and incarcerated for violations of school rules or policies, and any other activity 
14 
that the Director determines will further the purpose stated in paragraph (a). 
15 
SECTION 4. Department of Education Grant Program. -
16 
Ca) Program Authorized. - From the amount appropriated to carry out this Act, the 
17 
Secretary of Education shall make grants to eligible entities to fund training for school 
18 
personnel in elementary and secondary schools on de-escalation techniques to teach the 
19 
personnel procedures and tactics to mitigate delinquent student behavior which may 
20 
avoid a referral to law enforcement officials. 
21 
(b) Application. - To receive a grant under this section, an eligible entity shall 
22 
submit an application to the Secretary of Education at such time, in such manner, and 
23 
containing such information as the Secretary may require, including information that 
24 
demonstrates that the eligible entity -
25 
(1) is fully compliant with all applicable government school discipline data 
26 
reporting requirements; and 
2 


I". 
", 
.' 
1 
(2) has provided complete information to all applicable data surveys of 
2 
Department of Education,. 
3 
SECTION 5. Authorization of Appropriations. -
There are authorized to be 
4 
appropriated such sums as may be necessary for fiscal years 2014 and 2015 to carry out 
5 
this Act. 
6 
SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid 
7 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
8 
remain valid and subsisting. 
9 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, 
10 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
11 
or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
12 
accordingly. 
13 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
14 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
Ifldp23 july2014 
3