FIFTEENTH CONGRESS __ eu
REPUBLIC OF THE PHILIPPINES
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1
House Bill No. 2274

EXPLANATORY NOTE

This bill seeks to penalize the parents or guardians for the tortious or
criminal acts committed by their minor children or wards who are exempt from
criminal liability, under Republic Act No. 9344, otherwise known as the
“Juvenile Justice and Welfare Act of 2006.”

Pursuant to Section 6 of RA No. 9344, minor offenders aged fifteen
(15) and below have no criminal liability. Offenders aged sixteen (16) to
seventeen (17), acting without discernment are also exempt from criminal
liability. Consequently, the offenders are not placed in detention cells but
instead referred to rehabilitation centers. The younger ones are returned to
their parents or guardians, or in their absence, to the nearest relative. Thus,
since they are not arrested nor charged in court, more minors are being used
by criminal elements and syndicates to do the “dirty job” for them

This bill generally aims to involve parents in the lives of their children
by encouraging improved parental control and to eventually decrease crimes
committed by minor offenders. Thus, parents will spend more time and effort
in monitoring the activities of their children when they are fully aware that they
will be held personally accountable for their children’s actions. Parental
liability shall therefore include payment for damages caused by any minor
child, unless the parents concerned made reasonable efforts in good faith to
prevent or discourage the child from committing intentional or criminal acts.

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

RUFUS B. RODRIGUEZ

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MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS a
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 227k

AN ACT
PENALIZING THE PARENTS OR GUARDIANS FOR TORTS OR CRIMES
COMMITTED BY THEIR MINOR CHILDREN OR WARDS AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Parental
Liability Act of 2010."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the
State to provide special protection to children from all forms of abuse, neglect,
cruelty, exploitation and discrimination, and other conditions prejudicial to their
development. Towards this end, it shall be the policy of the State to ensure.
that parents be held accountable for their children’s actions when they have
not exercised reasonable care, supervision, protection, and control over them.

SEC. 3. Liability of Parents. — Notwithstanding the exemption from
criminal liability of any minor child as provided for under Republic Act No.
(RA) 9344, otherwise known as the “Juvenile Justice and Welfare Act of
2006," the parents or guardians shall be personally liable in an amount of not
less than Fifty Thousand Pesos (PhpS0,000.00) but not more than One
Hundred Thousand Pesos (Php100,000.00) for the damages which are the
proximate result of any one or a combination of the following acts of the minor
child or ward:

a) The malicious and willful injury to the person of another; or

b) The malicious and willful injury or damage to the property of
another, whether the property be real, personal or mixed;

©) The willful taking, stealing and carrying away of the property of
another, with the intent to permanently deprive the owner of possession:

d) The exploitation of another minor child by using him, directly or
indirectly, such as for purposes of begging and other acts which are inimical
to his interest and welfare; and

e) The possession, handling or carrying of a deadly weapon,
regardless of its ownership.


For purposes of this section, the term “parent” or “guardian” shall refer —
‘to the person with whom the minor child or ward is living and who is
exercising supervisory control over the child or ward at the time of the
commission of any wrongful acts mentioned in this section

SEC. 4, Recovery of Damages. — The recovery of damages shall be
limited to the actual damages, judicial costs and payment of interests from
date of judgment

The right of action and remedy granted herein shall be in addition to,
and not exclusive of, any rights of action and remedies against a parent or
guardian for the tortious acts of any minor child or ward existing under the
provisions of any other law.

SEC. 5. Implementing Rules and Regulations. - The Department of
Justice shall issue the rules and regulations necessary for the effective
implementation of this Act

SEC. 6. Separability Clause. - If for any reason, any part or provision
of this Act is declared invalid or unconstitutional, the remaining parts or
provisions not affected shall remain in full force and effect.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which
are inconsistent with the provisions of this Act are hereby repealed or
amended accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after
publication in at least two (2) national newspapers of general circulation.

Approved,