Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 6512

—.$_
Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The Juvenile Justice and Welfare System refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programs
and services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development!. The
Juvenile Justice and Welfare Act was passed in order to promote the
well-being of a child and their families and the rights of children. In
an effort to further provide protection for the children, this Bill which
is intended to expand the scope of the juvenile justice and system
and strengthen the social reintegration programs for children in
conflict with the law is intended to be passed.

This objectives of this Bill are to protect minors from being
exploited by syndicates and unscrupulous persons that use minors
to escape liability for crimes and other illegal activities, provide
adequate intervention and diversion measures for children in conflict
with the law and to increase the penalties for the exploitation of
children for the commission of crimes.

Children are the forefront of our country’s development. It is
only right that the State give the children be given the protection that


they need and that they are entitled to. As such, the passage of this
Bill is earnestly sought.

pew
ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. °°12

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

AN ACT EXPANDING THE SCOPE OF THE JUVENILE JUSTICE
AND WELFARE SYSTEM AND STRENGTHENING THE SOCIAL
REINTEGRATION PROGRAMS FOR CHILDREN IN CONFLICT

WITH THE LAW, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, AS AMENDED, 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 4(s) of Republic Act No. 9344, otherwise known
as the "Juvenile Justice and Welfare Act of 2006", as amended by
Republic Act No. 10630, is further amended to read as follows:

"SEC. 4. Definition of Terms. The following terms as used in this
Act shall be defined as follows:

XXX XXX KEK

(s) 'Bahay Pag-asa' - refers to a 24-hour child-caring institution
21 established, funded and managed by [local government units
(LGUs)] THE DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-term
residential care for children in conflict with the law who are


[above fifteen (15)] NINE (9) YEARS OF AGE AND ABOVE but
below eighteen (18) years of age who are COMMITTED FOR
REHABILITATION OR awaiting court disposition of their cases
or transfer to other agencies or jurisdiction."

Part of the features of a ‘Bahay Pag-asa' is an intensive juvenile
intervention and support center. This will cater to children in
conflict with the law in accordance with Sections 20, 20-A and
20-B hereof.

A multi-disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical doctor, an
educational/guidance counselor and a Barangay Council for
the Protection of Children (BCPC) member shall operate the
‘Bahay Pag- asa’. The team will work on the individualized
intervention plan with the child and the child's family.

XXX XXX XXX

SEC. 2. Section 6 of the same Act, as amended, is further amended
to read as follows:

"SEC. 6. Minimum Age of [Criminal] Responsibility OF
CHILDREN IN CONFLICT WITH THE LAW - A child [fifteen
(15)] BELOW 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 [fifteenth] NINTH anniversary of [his/her] THE
CHILD'S birthdate.

A child [above fifteen (15)] NINE (9) years OF AGE AND ABOVE
but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention
Program, unless [he/she] THE CHILD has acted with
discernment, in which case, such 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 AND THIS ACT."

SEC. 3. Section 20 of the same Act, as amended, is further amended
to read as follows:

"SEC. 20. Children IN CONFLICT WITH THE LAW Below the
Age of [Criminal] Responsibility. - If it has been determined that
the child taken into custody is [fifteen (15) years old or] below
NINE (9) YEARS OF AGE, 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 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
so development officer. [unless the best interest of the child
requires the referral of the child to a youth care facility or 'Ba
hay Pag-asa’ managed by LGUs or licensed and/or accredited
NGOs monitored by the DSWD.]

The local social welfare and development officer shall determine
the appropriate programs for the child who has been released,
in consultation with the child and the person having custody
over the child. THE ASSESSMENT SHALL INCLUDE
IDENTIFICATION OF PHYSICAL AND MENTAL HEALTH
ISSUES, SUBSTANCE ABUSE AND FAMILY ISSUES. 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) A duly registered nongovernmental or religious organization;

(b) A barangay official or a member of the Barangay Council for
the Protection of Children (BCPC);

(c) A local social welfare and development officer;


(D) A FOSTER PARENT; or,
(E) [w] When and where appropriate, the DSWD.

THE PARENT, GUARDIAN OR FOSTER PARENT WITH CUSTODY
OVER THE CHILD SHALL LIKEWISE UNDERGO INTERVENTION
PROGRAMS, INCLUDING PARENTING SEMINARS AND
COUNSELLING, TO BE SUPERVISED BY THE LOCAL SOCIAL
WELFARE AND DEVELOPMENT OFFICER IN ORDER TO
PROVIDE THE PRIMARY SUPPORT IN THE REHABILITATION
AND SOCIAL REINTEGRATION OF THE CHILD.

If [the child has been found by the local social welfare and
development officer to be dependent, abandoned, neglected or
abused by his/her parents and] the best interest of the child requires
that [he/she] THE CHILD be placed in a youth care facility or "Bahay
Pag-asa’, the child's parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided,
That if the child has no parents or guardians or if they refuse or fail
to execute the written authorization for voluntary commitment, the
Proper petition for involuntary commitment shall be immediately filed
by the DSWD or the Local Social Welfare and Development Office
(LSWDO) pursuant to Presidential Decree No. 603, as amended,

43 otherwise known as 'The Child and Youth Welfare Code' and the
44 Supreme Court rule on commitment of children: Provided, further,
45 That NO CHILD BELOW NINE (9) YEARS OF AGE SHALL BE
[the minimum age for children] committed to a youth care facility or
‘Bahay Pag-asa' [shall be twelve (12) years old.]"

SEC. 4. Section 20-A of the same Act, as amended, is further
amended to read as follows:

"SEC. 20-A. Serious Crimes Committed by Children IN
CONFLICT WITH THE LAW [Who Are Exempt From Criminal
Responsibility]. - A child who is [above twelve (12)] NINE (9)
years of age up to fifteen (15) years of age and who commits
parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery with
homicide or rape, destructive arson, Tape, or carnapping where
the driver or occupant is killed or raped or offenses under


Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of
2002) punishable by more than twelve (12) years of
imprisonment, shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and shall be
mandatorily placed in a special facility within the youth care
facility or ‘Sahay Pag-asa' called the Intensive Juvenile
Intervention and Support Center (IJISC).

In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary commitment and
placement under the IJISC shall be filed by the local social
welfare and development officer of the LGU where the offense
was committed, or by the DSWD social worker in the local social
welfare and development officer's absence, within twenty-four
(24) hours from the time of the receipt of a report on the alleged
commission of said child. The court, where the petition for
involuntary commitment has been filed shall decide on the
petition within seventy-two (72) hours from the time the said
petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the
JISC which shall not be less than one (1) year. The multi-
disciplinary team of the IJISC will submit to the court a case
study and progress report, to include a psychiatric evaluation
report and recommend the reintegration of the child to his/her
family or the extension of the placement under the IJISC. The
multi-disciplinary team will also submit a report to the court on
the services extended to the parents and family of the child and
the compliance of the parents in the intervention program. The
court will decide whether the child has successfully completed
the center-based intervention program and is already prepared
to be reintegrated with his/her family or if there is a need for
the continuation of the center-based rehabilitation of the child.
The court will determine the next period of assessment or
hearing on the commitment of the child."

SEC. 5. Section 20-8 of the same Act, as amended, is further
amended to read as follows:

"SEC. 20-8. Repetition of Offenses. - A child who is [above twelve


(12)] NINE (9) years of age up to [fifteen (15)] EIGHTEEN (18)
years of age and who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a
community-based intervention program, shall be deemed a
neglected child under Presidential Decree No. 603, as amended,
and shall undergo an intensive intervention program supervised
by the local social welfare and development officer: Provided,
further, That, if the best interest of the child requires that
he/she be placed in a youth care facility or 'Bahay Pag-asa’, the
child's parents, FOSTER PARENTS or guardians shall execute
a written authorization for the voluntary commitment of the
child : Provided, finally, That if the child has no parents,
FOSTER PARENTS or guardians or if they refuse or fail to
execute the written authorization for voluntary commitment,
the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant to
Presidential Decree No. 603, as amended."

SEC. 6. Section 20-C of the same Act, as amended, is further
amended to read as follows:

"SEC. 20-C. Exploitation of Children for Commission of Crimes. -
Any person who, in the commission of a crime, makes use, takes
advantage of, or profits from the use of [children] A CHILD,
including any person who abuses his/her authority over the
child, or who[, with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce, threaten or
instigate the commission of the crime,] OTHERWISE INDUCES
OR COERCES A CHILD TO COMMIT A CRIME, shall be
[imposed the penalty prescribed by law for the crime committed
in its maximum period] PUNISHED BY RECLUSION
TEMPORAL IF THE CRIME COMMITTED IS PUNISHABLE BY
IMPRISONMENT OF SIX (6) YEARS OR LESS, AND BY
RECLUSION PERPETUA IF THE CRIME COMMITTED IS
PUNISHABLE BY IMPRISONMENT OF MORE THAN SIX (6)
YEARS."

SEC. 7. Section 20-D of the same Act, as amended, is further
amended to read as follows:


"SEC. 20-D. Joint Parental Responsibility. - Based on the
recommendation of the multi-disciplinary team of the IJISC, the
LSWDO or the DSWD, the court may require the parents of a
child in conflict with the law to undergo counseling or any other
intervention that, in the opinion of the court, would advance the
welfare and best interest of the child.

PARENTS OF CHILDREN WHO COMMITTED ANY OF THE
SERIOUS CRIMES UNDER SECTION 20-A OF THIS ACT, AND
OF CHILDREN WHO ARE REPEAT OFFENDERS UNDER
SECTION 20- B OF THIS ACT, SHALL UNDERGO
MANDATORY INTERVENTION PROGRAMS, INCLUDING
PARENTING SEMINARS AND COUNSELLING. THE FAILURE
OF SUCH PARENTS TO UNDERGO MANDATORY
INTERVENTION, UNLESS PREVENTED BY A LAWFUL
CAUSE, SHALL BE A GROUND FOR IMPRISONMENT FOR AT
LEAST THIRTY (30) DAYS BUT NOT MORE THAN SIX (6)
MONTHS.

As used in this Act, ‘parents’ shall mean any of the following:
(a) Biological parents of the child; or
(b) Adoptive parents of the child; or
(c) Individuals who have custody of the child[ .]; OR
(D) A DULY LICENSED FOSTER PARENT, PURSUANT TO
REPUBLIC ACT NO. 10165, OTHERWISE KNOWN AS THE
"FOSTER CARE ACT OF 2012".
A court exercising jurisdiction over a child in conflict with the law
may require the attendance of one or both parents of the child at the
place where the proceedings are to be conducted.
The parents shall be PRIMARILY liable for CIVIL damages ARISING

OUT OF THE ACTIONS OF THE CHILD IN CONFLICT WITH THE
LAW unless they prove, to the satisfaction of the court that they were


exercising reasonable supervision over the child at the time the child
committed the offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from committing another
offense."

SEC. 8. Section 22 of the same Act, as amended, is further 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, FOSTER PARENT, 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,
FOSTER PARENT, 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.

The LOCAL social [worker] WELFARE AND DEVELOPMENT
OFFICER shall conduct an initial assessment to determine the
appropriate interventions and whether the child acted with
discernment, using the discernment assessment tools
developed by the DSWD. The initial assessment shall be without
prejudice to the preparation of a more comprehensive case
study report. The local social {worker] WELFARE AND
DEVELOPMENT OFFICER shall do either of the following:

(a) Proceed in accordance with Section 20 if the child is [fifteen
(15) years or] below NINE (9) YEARS OF AGE or [above
fifteen (15)] NINE (9) YEARS OF AGE AND ABOVE but below
eighteen (18) years [old] OF AGE who acted without
discernment; and


(b)If the child is [above fifteen (15) years old] NINE (9) YEARS
OF AGE AND ABOVE but below eighteen ( 18) YEARS OF
AGE and who acted with discernment OR COMMITTED A
SERIOUS OFFENSE UNDER SECTION 20-A OF THIS ACT,
proceed to diversion under the following chapter.”

SEC. 9. A new Section 37-A shall be inserted after Section 37 of the

same Act, and shall read as follows:
SEC. 37-A. REDUCED SENTENCE FOR CHILDREN IN
CONFLICT WITH THE LAW. ALL LAWS TO THE CONTRARY
NOTWITHSTANDING, AND SUBJECT TO OTHER
PROVISIONS IN THIS ACT RELATIVE TO THE SENTENCING
OF CHILDREN IN CONFLICT WITH THE LAW, THE COURT
SHALL IMPOSE THE PENALTY TWO (2) DEGREES LOWER
THAN THAT PRESCRIBED IN THE LAW FOR CRIMES
COMMITTED BY CHILDREN IN CONFLICT WITH THE LAW.
IN CASES WHERE THE LAW PRESCRIBES A FIXED PERIOD
OF IMPRISONMENT, THE PERIOD SHALL BE REDUCED BY
TWO-THIRDS. FOR CRIMES PUNISHABLE BY LIFE
IMPRISONMENT, THE PENALTY TO BE IMPOSED SHALL BE
IMPRISONMENT OF UP TO TWELVE (12) YEARS,

SEC. 10. Section 40 of the same Act is amended to read as follows:

"SEC. 40. Return of the Child in Conflict with the Law to Court. -
If the court finds that the objective of the disposition measures
imposed upon the child in conflict with the law have not been
fulfilled, or if the child in conflict with the law has willfully failed
to comply with the conditions of his/her disposition or
rehabilitation program, the child in conflict with the law shall
be brought before the court for execution of judgment,

If said child in conflict with the law has reached eighteen ( 18)
years of age while under suspended sentence, the court shall
determine whether to discharge the child in accordance with
this Act, to order execution of sentence, or to extend the
[suspended] SUSPENSION OF THE sentence for a certain
specified period or until the child reaches the maximum age of
[twenty-one (21)] TWENTY-FIVE (25) years."


SEC. 11. Section 41 of the same Act is amended to read as follows:

SEC. 41. Credit in Service of Sentence. - The child in conflict with
the law shall be credited in the services of his/her sentence with
the full time spent in actual commitment and detention under
this Act. A CHILD WITH GOOD CONDUCT AND BEHAVIOR
WHILE UNDERGOING DIVERSION, INTERVENTION,
REHABILITATION, OR DETENTION IN ANY FACILITY
UNDER THIS ACT, SHALL BE ALLOWED DEDUCTIONS
FROM THE PERIOD OF SENTENCE AS PROVIDED IN
ARTICLE 97 OF THE REVISED PENAL CODE, AS AMENDED.

SEC. 12. A new Section 43-A is inserted after Section 43 of the same
Act, to read as follows:

SEC. 43-A. PENAL TY FOR VIOLATION OF CONFIDENTIALITY
OF RECORDS - ANY PERSON WHO HAS BEEN FOUND
GUILTY OF DIVULGING, WILFULLY OR THROUGH GROSS
INEXCUSABLE NEGLIGENCE, THE RECORDS OR ANY
INFORMATION RELATING TO THE PROCEEDINGS
INVOLVING CHILDREN IN CONFLICT WITH THE LAW,
SHALL SUFFER THE PENALTIES IMPOSED IN TITLE VII,
CHAPTER 3 OF THIS ACT.

SEC. 13. Section 49 of the same Act, as amended, is further amended
to read as follows:

"SEC. 49. Establishment of ‘Bahay Pag-Asa'. - [Each province
and highly-urbanized city (the LGUs)] THE DSWD shall be
responsible for building, funding and operating a ‘Bahay Pag-
asa’ [within their jurisdiction] IN PROVINCES AND CITIES TO
BE IDENTIFIED BY THE JJIWC, following the standards that
will be set by the DSWD and adopted by the JJWC. ALL 'BAHAY
PAG-ASA' THAT ARE CURRENTLY OPERATED AND
MAINTAINED BY LGUS SHALL CONTINUE TO BE
OPERATED, MAINTAINED AND FUNDED BY THE
RESPECTIVE LGUS, UNLESS BEFORE THE END OF THE
FISCAL YEAR, THE CONCERNED LGU REQUESTS IN


WRITING THAT THE OPERATION, MAINTENANCE AND
FUNDING OF THE 'BAHAY PAG-ASA' BE TRANSFERRED TO
THE DSWD BEGINNING THE NEXT FISCAL YEAR.

Every 'Bahay Pag-asa’ will have a special facility called the
WISC. This Center will be allocated for children in conflict with
the law in accordance with Sections 20, 20-A and 20-B hereof.
These children will be required to undergo a more intensive
multi-disciplinary intervention program. The JJWC in
partnership with, but not limited to, the DSWD, the DOH, the
DepED and the DILG, will develop and set the standards for the
implementation of the multi-disciplinary intervention program
of the DISC. Upon institutionalization of the IJISC program, the
JJWC will continue to monitor and provide technical assistance
to the multi-disciplinary teams operating the said centers.

THE FUNDING NECESSARY FOR THE ESTABLISHMENT
AND CONTINUED OPERATION OF 'BAHAY PAG-ASA' BY THE
DSWD SHALL BE INCLUDED IN THE BUDGET FOR THE
DSWD IN THE GENERAL APPROPRIATIONS ACT."

SEC. 14. Section 51 of the same Act is amended to read as follows:

"SEC. 51. Confinement of Convicted Children in Agricultural
Camps and other Training Facilities. - A child in conflict with the
law [may] SHALL, after conviction and upon order of the court,
be made to serve his/her sentence, in lieu of confinement in a
regular penal institution, in an agricultural camp and other
training facilities that [may] SHALL be established, maintained,
supervised and controlled by the DSWD [BuCor], in
[coordination] PARTNERSHIP with the [DSWD] BUCOR AND
THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT
AUTHORITY (TESDA).

THE DSWD, IN PARTNERSHIP WITH THE BUCOR, SHALL
ESTABLISH AT LEAST TWO (2) AGRICULTURAL CAMPS
EACH INLUZON, VISAYAS AND MINDANAO. THE DSWD, IN
PARTNERSHIP WITH TESDA, SHALL LIKEWISE ESTABLISH
AT LEAST TWO (2) TRAINING FACILITIES EACH IN LUZON,


SEC.

SEC.

VISAYAS AND MINDANAO. THERE SHALL BE SEPARATE
FACILITIES FOR MALE AND FEMALE CHILDREN IN EVERY
AGRICULTURAL CAMP AND TRAINING FACILITY. THE
DSWD, IN COORDINATION WITH THE BUCOR AND TESDA,
SHALL DESIGN AND IMPLEMENT THE REHABILITATION
AND INTERVENTION PROGRAMS IN THESE SPECIALIZED
FACILITIES IN ORDER TO PREPARE THE RESIDENTS
THEREIN FOR SUCCESSFUL REINTEGRATION INTO THEIR
FAMILIES AND COMMUNITIES UPON DISCHARGE AND
RELEASE."

15. Section 52 of the same Act is amended to read as follows:

"SEC. 52. Rehabilitation of Children in Conflict with the Law. -
Children in conflict with the law, whose sentences are
suspended may, upon order of the court, undergo any or a
combination of disposition measures best suited to the
rehabilitation and welfare of the child as provided in the
Supreme Court Rule on Juveniles in Conflict with the Law.

If the community-based rehabilitation is availed of by a child in
conflict with the law, he/she shall be released to parents,
guardians, relatives, ACCREDITED FOSTER PARENTS or any
other responsible person in the community. Under the
supervision and guidance of the local social welfare and
development officer, and in coordination with his/her
parents/guardian, the child in conflict with the law shall
participate in community-based programs, which shall include,
but not limited to:

XXX XXX Xxx’

16. Section 64 of the same Act, as amended, is further amended

to read as follows:

SEC. 64. Children in Conflict with the Law [Fifteen (15) Years Old
and] below NINE (9) YEARS OF AGE. - Upon effectivity of this
Act, cases [of children fifteen (15) years old and] INVOLVING
CHILDREN IN CONFLICT WITH THE LAW below NINE (9)
YEARS OF AGE at the time of the commission of the crime shall


immediately be dismissed and the child shall be referred to the
appropriate local social welfare and development officer. Such
officer, upon thorough assessment of the child, shall determine
whether to release the child to the custody of his/her parents,
or refer the child to prevention programs as provided under this
Act. Those with suspended sentences and undergoing
rehabilitation at the youth rehabilitation center shall likewise
be released, unless it is contrary to the best interest of the child.

SEC. 17. Implementing Rules and Regulations. - The JJWC shall
promulgate the necessary rules and regulations for the effective
implementation of this Act within ninety (90) days from the effectivity
of this Act.

SEC. 18. Separability Clause. - If any provision of this Act is held
to be unconstitutional, other provisions not affected thereby shall
remain valid and binding.

SEC. 19. Repealing Clause. - Republic Act No. 9344, as amended
by Republic Act No. 10630, is hereby amended accordingly. All laws,
decrees, ordinances and rules inconsistent with the provisions of this
Act are hereby modified or repealed accordingly.

SEC. 20. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in a newspaper of

general circulation.

Adopted,