Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

270

House Bill No.

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

Our society has evolved to be a maturing society. Children today, lives in an entitled
society that develops a matured discernment at an early age because of their exposure to various
technological advancements, uncensored media, and unsheltered environment with less and
less parental supervision. The sad reality exists as children are no longer shielded from the
influences of vices, such as gambling, alcoholic drinks, and prohibited drugs.

The present Juvenile Justice and Welfare Law sets the minimum age of criminal
responsibility at fifteen (15), which holds children in conflict with the law accountable for their
actions but only subjects them to rehabilitation programs using the framework of restorative,
not punitive justice. However, the increasing number of juvenile offenders is a manifestation
that our present juvenile justice system is no longer effective and thus needs to be reviewed in
order to keep up with the maturing society that are capable of discernment at an early age.

This bill aims to lower the minimum age of criminal responsibility to thirteen (13) for
a child offender who commits a heinous crime. A child offender who is capable of committing
a heinous crime should not receive a special treatment and escape liability by hiding behind
the juvenile justice system. An act that is so hateful and reprehensible an indication of a
maturity as an adult. Hence, a purely rehabilitative approach towards juvenile offenders
committing heinous offences may no longer be effective to prevent the young ones from
committing such detestable acts. Thus, this representation proposes the adoption of principles
of restorative justice as the second limb of juvenile policy to emphasize that we should also
show an equal concem for crime victims as well as address the needs of the community

This proposed measure is not merely branding children above 13 years old as criminals
but it hopes to impose responsibility to the maturing society, especially to parents, guardians
and adults, who should be responsible for safeguarding the children and for setting a good
example. We should be more vigilant to understand the underlying reasons how and why
children commit crimes. If we fail to correct the erring child, we will fail to uphold his rights

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and well-being as a child. While it is true that we should let our children play, it is also our
moral obligation to teach them fair play

With the foregoing considerations, | seek the approval of this measure.

MICHAEL EDGA)
Representative)

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session
270

House Bill No." "’

Introduced by DIWA Party-list Representative Michael Edgar Y. Aglipay

AN ACT

LOWERING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY FOR
HEINOUS CRIMES, AMENDING FOR THE PURPOSE 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 Republic of the Philippines in Congress
assembled.

SECTION I. Section 6 of 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 fifteen (15) years of age
or under at the time of the commission of any 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. PROVIDED, HOWEVER, THAT IF THE OFFENSE
COMMITTED IS ANY OF THE HEINOUS CRIMES IDENTIFIED UNDER:
REPUBLIC ACT 7659, OTHERWISE KNOWN AS THE “HEINOUS CRIME ACT”
OR ANY OFFENSE PUNISHABLE BY RECLUSION PERPETUA, ONLY THE
CHILD THIRTEEN (13) YEARS OF AGE SHALL BE EXEMPT FROM CRIMINAL
LIABLITY,

UNLESS THE CRIME COMMITTED IS A HEINOOUS CRIME, [A] a child above
fifteen (15) 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.

SEC. 2. Section 20 of the same Juvenile Justice and Welfare Act, is further amended to read as
follows:

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“SEC. 20. Children Below the Age of Criminal Responsibility. - IF THE CRIME
COMMITTED IS NOT A HEINOUS CRIME AND [If] it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have
an initial contact with the child 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

OTHERWISE, IF THE CRIME COMMITTED IS HEINOUS CRIME AND THE
CHILD TAKEN INTO CUSTODY HAS BEEN DETERMINED TO BE THIRTEEN
(13) YEARS OLD OR BELOW, THE AUTHORITY WHICH WILL HAVE AN
INITIAL CONTACT WITH THE CHILD 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.

Said authority shall give notice to the local social welfare and development officer who
will determine the appropriate programs in consultation with the child and to the person
having custody over the child. 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 duly registered nongovernmental or religious organization; a barangay
official or a member of the Barangay Council for the Protection of Children (BCPC); a
local social welfare and development officer, or when and where appropriate, the
DSWD. If the child referred to herein has been found by the Local Social Welfare and
Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition
for involuntary commitment shall be filed by the DSWD or the Local Social Welfare
and Development Office pursuant to Presidential Decree No. 603, otherwise known as
"The Child and Youth Welfare Code".”

SEC. 3. Section 22 of the same Juvenile Justice and Welfare Act, 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 Attomey's Office; (2) the child's parents, 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, 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.

After the initial investigation, the local social worker conducting the same may do either
of the following:

1. IF THE CRIME COMMITTED IS NOT A HEINOUS CRIME:

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) Proceed in accordance with Section 20 if the child is fifteen (15) years or
below or above fifteen (15) but below eighteen (18) years old, who acted
without discernment: and

'b) If the child is above fifteen (15) years old but below eighteen (18) and who
acted with discernment, proceed to diversion under the following chapter.

2. IF THE CRIME COMMITTED IS A HEINOUS CRIME:

a) PROCEED IN ACCORDANCE WITH SECTION 20 IF THE CHILD IS
THIRTEEN (13) YEARS OR BELOW OR ABOVE THIRTEEN (13) BUT.
BELOW EIGHTEEN (18) YEARS OLD, WHO ACTED WITHOUT
DISCERNMENT; AND

b) IF THE CHILD IS ABOVE THIRTEEN (13) YEARS OLD BUT BELOW
EIGHTEEN (18) AND WHO ACTED WITH DISCERNMENT,
PROCEED TO DIVERSION UNDER THE FOLLOWING CHAPTER.”

SEC. 4. Section 38 of the same Juvenile Justice and Welfare Act, is further 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[ Provided; however,That suspension

Upon suspension of sentence and after considering the various cicumstances 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.”

SEC. 8. Implementing Rules and Regulations. Within sixty (60) days from the efectivity of this
Act, the Juvenile Justice and Welfare Council under the Depoartment of Justice in coordination
with the Department of Social Welfare and Development shall promulgate the necessary rules
and regulations for the effective implementation of this Act.

SEC. 9. Separability Clause. If any provision of this Act shall be held unconstitutional or
invalid, the remaining provisions which are not affected thereby shall continue to be full force
and effect.

SEC. 10. Repealing Clause. All laws, decrees, executive orders, rules and regulations, and
other issuances, or parts thereof, contrary to or inconsistent with this Act are hereby modified,
amended or repealed accordingly

SEC. 11. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

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