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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3973

Introduced by REP. ESTRELLITA B. SUANSING

EXPLANATORY NOTE

This bill seeks to lower the minimum age of criminal responsibility amending
for the purpose Republic Act No. 9344 otherwise known as the “Juvenile Justice and
Welfare Act of 2006.”

Society has become more intricate compared to the past which was simpler.
The social order today is more exposed to the pervading influences like the internet
and the state-of-the-art technology; and the corrupting power of such indulgences
as gambling, liquor and prohibited drugs. The youth is not sheltered anymore from
these influences before they reach an acceptable age of maturity to discern what is
right from wrong. It has been difficult to draw the line between innocence and
culpability of one’s actions.

‘There are now more juvenile offenders than ever before and the government
must now do what it can to curb this trend. Sadly, we have a younger age group at
present that is more prone to criminality and that there is a need to lower the age of
criminal responsibility from eighteen (18) years of age to sixteen (16) years of age,
sending a message to the parents to be more careful and responsible in raising their
children.

‘This proposal should not be seen as a Draconian measure but a necessity to
impose tough sanctions if we have to survive as a society.

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

ESTRELLITA B. SUANSING


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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 39 73

Introduced by REP. ESTRELLITA B. SUANSING

AN ACT
LOWERING THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY 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 the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. 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)] 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 fifteen (15)] NINE (9) years but below [eighteen
(18)] SIXTEEN (16) 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.

x x x

SECTION 2. Section 7 of the Republic Act No. 9344 otherwise known as the “Juvenile
Justice and Welfare Act of 2006” is further amended to read as follows:

“SEC. 7. Determination of Age. - The child in conflict with the
law shall enjoy the presumption of minority. He/She shall enjoy all the
rights of a child in conflict with the law until he/she is proven to be
[eighteen (18)] SIXTEEN (16) years of old or older. The age of the child


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may be determined from the child’s birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these
documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance
of the child and other relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.

SECTION 3. Section 20 of Republic Act No. 9344 otherwise known as the “Juvenile
Justice and Welfare Act of 2006” is further 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 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
nongovernment or religious organization; a barangay official or 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 “The Child and Youth Welfare Code”.”

SECTION 4, Section 22 of Republic Act No. 9344 otherwise known as the “Juvenile
Justice and Welfare Act of 2006” 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.

xX Xx


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

(a) Proceed in accordance with Section 20 if the child is [fifteen (15)]
NINE (9) years of below or above [fifteen (15)] NINE (9) but
below [eighteen (18)] SIXTEEN (16) years old, who acted without
discernment; and

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10 (b) If the child is above [fifteen (15)] NINE (9) years old but below
1 [eighteen (18)] SIXTEEN (16) and who acted with discernment,
2 proceed to diversion under the following chapter.”

13

14 SECTION 5. Section 38 of Republic Act No. 9344 otherwise known as the “Juvenile
15 Justice and Welfare Act of 2006” is further amended to read as follows:
16

v7 “SEC, 38. Automatic Suspension of Sentence. ~ Once the child
18 who is under [eighteen (18)] SIXTEEN (16) years of age at the time of
19 the commission of the offense is found guilty of the offense charged, the
20 court shall determine and ascertain any civil liability which may have
21 resulted from the offense committed. However, instead of pronouncing
2 the judgement of conviction, the court shall place the child in conflict
23 with the law under suspended sentence, without need of application.
24 Provided, however, That suspension of sentence shall still be applied
28 even if the juvenile is already [eighteen (18)] SIXTEEN (16) years of age
26 or more at the time of the pronouncement of his/her guilt.

27

28 x x x”

29

30 SECTION 6. Section 40 Republic Act No. 9344 otherwise known as the “Juvenile
31 Justice and Welfare Act of 2006” is further amended to read as follows:

32

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

40

41 If the said child in conflict with the law has reached the age of
42 [eighteen (18)] SIXTEEN (16) years of age while under suspended
43 sentence, the court shall determine whether to discharge the child in
44 accordance with this Act, to order execution of sentence, or to end the
45 suspended sentence for a certain specified period or until the child

46 reaches the maximum age of twenty-one (21) years.”


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SECTION 7. Republic Act No. 9344 otherwise known as the “Juvenile Justice and
Welfare Act of 2006” is further amended to read as follows:

“SEC. 58. Offenses Not Applicable to Children. ~ Persons
below [eighteen (18)] SIXTEEN (16) years of age shall be exempt from
prosecution for the crime of vagrancy and prostitution under Section
202 of the Revised Penal Code, of mendicancy under Presidential
Decree No. 1563, and sniffing of rugby under Presidential Decree No.
1619, such prosecution being inconsistent with the United Nations
Convention on the Rights of Child: Provided, That said persons shall

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undergo appropriate counselling and treatment program.”

SECTION 8. Section 67 of Republic Act No. 9344 otherwise known as the “Juvenile

Justice and Welfare Act of 2006” is further amended to read as follows:

“SEC. 67. Children Who Reach the Age of [Eighteen (18)]
SIXTEEN (16) Years Pending Diversion and Court Proceeding. - Ifa
child reaches the age of [eighteen (18)] SIXTEEN (16) years pending
diversion and court proceedings, the appropriate diversion authority in
consultation with the local social welfare and development officer or
the Family Court in consultation with the Social Services and
Counselling Division (SSCD) of the Supreme Court, as the case may be,
shall determine the appropriate disposition. In case the appropriate
court executes the judgement of conviction, and unless the child in
conflict with the law has already availed of probation under Presidential
Decree No. 603 or other similar laws, the child may apply for probation

if qualified under the provisions of the Probation Law.”

SECTION 9. Section 68 of Republic Act No. 9344 otherwise known as the “Juvenile

Justice and Welfare Act of 2006” is further amended to read as follows:

“SEC. 68. Children Who Have Been Convicted and are
Serving Sentence. — Persons who have been convicted and are serving
sentence at the time of the effectivity of this Act, and who are below the
age of [eighteen (18)] SIXTEEN (16) at the time of the commission of
the offense for which they were convicted and are serving sentence,
shall likewise benefit from the retroactive application of this Act. They
shall be entitled to appropriate dispositions provided under this Act and
their sentences shall be adjusted accordingly. They shall be
immediately released if they are so qualified under this Act or other

applicable law.

SECTION 10. The Juvenile Justice and Welfare Council under the Department of
Justice in coordination with the Department of Social Welfare and Development shall
issue the Implementing Rules and Regulations within ninety (90) days from the

effectivity of this Act.


SECTION 11. All existing laws, orders, decrees, rules and regulations or parts
thereof contrary to or inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

SECTION 12. If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid by the Supreme Court, the other sections or provisions
hereof not affected by such declaration shall remain in full force and effect.

SECTION 13. This Act shall take effect after fifteen (15) days from its publication in
at least two (2) national newspapers of general circulation.

Approved,