TATIVES

RECEIVED
SEVENTEENTH CONGRESS ) pare:
OF THE REPUBLIC OF THE PHILIPPINES ) “20UN 208
First Regular Session ) Twis:_Y! 24pay

HOUSE OF REPRESENTATIVE!

| 2PeSRA TON UNIT
House Bill No.__505 LX SERVI

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

This bill seeks to lower the age of criminal responsibility from fifteen (15) years old to nine
(©) years old.

The Revised Penal Code of the Philippines exempted nine year old children from criminal
liability. PD 603 the Child and Youth Welfare Code of 1974 stipulated the same age. In England
and Wales people of offending age are classed as those aged 10 years or older. In the US, the
youngest age for juvenile delinquency is six (6) years old in the State of North Carolina, seven (7)
years old in Maryland, Massachusetts and New York and State of Arizona at eight (8) years old.

Children in conflict of law at present grow in number. Sad to say, the minors are getting
bolder and braver. These young people has emboldened themselves and criminal syndicates has
capitalized on the age 15 as being free for criminal liability. Hence, crimes against property and in
some cases tape, murder and prostitution are committed by these young people.

The age of minors involved in crimes is getting younger. They are prey to unscrupulous and
ruthless criminal syndicates. This representation believes in the restorative system of justice, thus,
lowering the age of criminal responsibility.

Mote so, it is provided in the Constitution that the state recognizes the vital role of the
youth in nation building and thus, shall promote and protect their physical, moral, spiritual,

intellectual and social well-being

Hence, immediate passage of this legislation is urgently sought.

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VICTO
Representative, 2}} District of Tarlac


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SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

House Bill No.__ 05

Introduced by Representative Victor A. Yap

AN ACT
AMENDING SECTION 3 AND 6 OF RA NO. 10630, OTHERWISE KNOWN AS AN.
ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

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

Section 1, Section 3 of RA 10630 is hereby amended to read as follows:
“SEC. 3. Minimum Age of Criminal Responsibility ~ A child [fifteen (15)] 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 is deemed to be [fifteen (15)] NINE (9) years of age on the day of the
[fifteen] NINTH anniversary of his/her birthdate.

“A child above [fifteen (15)] NINE (9) 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 be enforced in accordance with existing

laws.”

Section 2. Section 20 of the same Act is likewise amended to read 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)] NINE (9) years old or
below, the authority which will have an initial contact with the child, in consultation

with the local social welfare and development officer, has the duty to immediately


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release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative. The child shall be subjected to a community-
based intervention program supervised by the local social welfare and development
officer, unless the best interest of the child requires the referral of the child to a
youth care facility or “Bahay Pag asa” managed by LGUs or licensed and/or
accredited NGOs monitored by the DSWD.

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Section 3. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not so declared shall remain in force and effect.

Section 4. Repealing Clause ~ All laws, decrees, orders, rules and regulations or parts thereof

inconsistent with this Act are hereby repealed or modified accordingly.

Section 5. Effectivity —"This Act shall take effect immediately upon its approval

Approved.