HOUSE OF REPRESENTATIVES
RECEIVED

VAIL ones

DATE:
TIME:
BY:

Ss
Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

935

House Bill No.

Introduced by Representative Tobias "Toby" Tiangco

EXPLANATORY NOTE

This bill seeks to restore the age of exemption from criminal liability
provided in Article 12 of the Revised Penal Code which was expressly repealed by
Republic Act No. 9344 otherwise known as the Juvenile Justice and Welfare Act of
2006 and to provide the specific rules in the prosecution of the minor.

R.A. No. 9344 provides that the minimum age of criminal responsibility shall
be fifteen (15) years of age and below at the time of the commission of offense.
However, this statute has resulted in the exploitation of the youth instead of their
protection. Reports revealed that many crimes were committed through children
below fifteen (15) years of age. Some of these crimes are in the nature of less serious
to serious crimes which were however left unprosecuted because the accused
involved is free from criminal liabilities.

More importantly, with the advent of advanced information technology that
improved communication and education among the youth, the determination of
what is right and wrong is not that difficult anymore. Hence, discernment is a just
and equitable gauge in ascertaining the criminal liability of persons with an age of
nine (9) years old and above.

‘Therefore, approval of this bill is earnestly requested.

Tobias "Toby" Tiangco


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

SECTION 2. Section 38 of Republic Act No. 9344 otherwise known as the
Juvenile Justice and Welfare Act of 2006, is hereby amended to read as follows:

SEC. 38. Automatic Suspension of Sentence. - Once the child
who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense
charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under
suspended sentence, without need of application.

Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the
appropriate disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law.

SECTION 3. Section 58 of Republic Act No. 9344 otherwise known as the
Juvenile Justice and Welfare Act of 2006, is hereby amended to read as follows:

SEC. 58. Offenses not Applicable to Children - Persons below
eighteen (18) years of age shall be exempt from prosecution
for the crime of vagrancy and mendicancy as defined under
the Revised Penal Code and Presidential Decree No. 1619,
respectively.

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SECTION 4. Repealing Clause. - All laws, acts, decrees, executive orders,
issuances, and rules and regulations or parts thereof which are contrary to and

inconsistent with any provisions of this Act are hereby repealed, amended, or
modified accordingly.

SECTION 5. Separability Clause. - If any provision of this Act is subsequently
declared unconstitutional, the validity of the remaining provisions hereof shall
remain in full force and effect.

SECTION 6. Effectivity. - This Act shall take effect immediately after its
complete publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,

eee


Quezon City, Metro manua

SEVENTEENTH CONGRESS
First Regular Session
935
House Bill No.

Introduced by Representative Tobias "Toby" Tiangco

AN ACT
AMENDING CERTAIN PROVISIONS OF THE 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 the 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
NINE (9) years of age or under 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 NINE (9) years but below FIFTEEN (15) 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.

A child above fifteen (15) years but below eighteen (18) years
of age is presumed to have acted with discernment in which
case he/she cannot avail of the diversion program under this
Act and he/she will be tried as an adult in accordance with the
provision of the Rules of Court.

SECTION 6. Effectivity. - This Act shall take effect immediately after its
complete publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,