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

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No. 3127

Introduced by Representative DOY C. LEACHON

EXPLANATORY NOTE

This bill seeks to enhance the juvenile justice system of our country by
expanding the coverage of reformation and rehabilitation Programs for children
in conflict with the law (CICL). Under this Proposed measure, children below
twelve (12) years of age shall be totally exempt from criminal liability, while
children who are at least twelve (12) years of age but below eighteen (18) years
of age shall likewise be exempt from criminal liability, unless they acted with
discernment in committing crimes or felonies. This is in consonance with the

minimum age of criminal responsibility set by the United Nations Convention on
the Rights of the Child (UNCRC).

Another important component of this bill is the emphasis on the
reformation and rehabilitation of CICL, starting from intervention measures for
children who acted without discernment and diversion proceedings for children

who acted with discernment, up to the imposition of the Proper penalties and
the service of sentence of CICL.

This bill proposes to cover CICL who are at least twelve (12) years of age
but below eighteen (18) years of age under diversion Proceedings in order to
reform and rehabilitate them at the earliest possible time. If such children are
Not qualified to undergo diversion proceedings and the court finds them guilty
of the crime charged, then the court shall impose the penalty two (2) degrees
lower than that prescribed by law, or in case of fixed period of imprisonment,
the penalty shall be reduced by two-thirds (2/3), and for life imprisonment, the
penalty to be imposed shall be imprisonment up to twelve (12) years. In all
cases, convicted CICL shall not be placed in correctional facilities for adults, but
shall serve their sentences in agricultural and technical training facilities with
separate facilities for boys and girls. At least two (2) training facilities each shall
be established in Luzon, Visayas and Mindanao, under the direct control and
supervision of the Department of Social Welfare and Development (DSWD).

In order to strengthen the protection of children against exploitation in
the commission of crimes, this bill seeks to increase the penalty for persons who
induce children to commit crimes. Thus, if the crime committed by the child so
induced is punishable by imprisonment of six (6) years or less, the person or
Persons who induced such child to commit the crime shall be punished by
reclusion temporal (imprisonment of 12 years to 20 years), and if the crime


committed is punishable by more than six (6) years, the person who induced
the child shall be punished by reciusion perpetua.

Finally, this bill proposes to return the establishment, operation and
maintenance of Bahay Pag-asa to the DSWD, considering the sad reality that
not all local government units have the capacity or funding to establish Bahay
Pag-asa as currently required by law.

These proposed amendments to the Juvenile Justice and Welfare Act are
aimed at a holistic approach to reformation and rehabilitation of children in
conflict with the law, in order to ensure that such children will not be exposed
to further harm and will, instead, be subjected to appropriate intervention and
diversion proceedings, or will be able to serve their reduced sentences in
Preparation for their reintegration to society.

This bill was the product of the Committee on Justice in the 17" Congress
during which I was the Chairman of the said Committee, and was passed by the
House of Representatives on Third Reading on January 28, 2019.

For these reasons, the urgent passage of this bill is earne:



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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3127

Introduced by Representative DOY C. LEACHON

AN ACT
EXPANDING THE SCOPE OF THE REFORMATION AND REHABILITATION
OF CHILDREN IN CONFLICT WITH THE LAW AND STRENGTHENING THE
SOCIAL REINTEGRATION PROGRAMS, 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 XXX

(s) ‘Bahay Pag-asa’ - refers to a 24-hour child-caring institution
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)] TWELVE (12) 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


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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 TWELVE
(12) 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)] TWELVE (12) years of age on
the day of the [fifteenth] TWELFTH anniversary of [his/her] THE
CHILD'S birthdate.

A child [above fifteen (15)] TWELVE (12) 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
child shall be subjected to the appropriate INTERVENTION AND
DIVERSION 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 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 TWELVE (12)
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
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.

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. 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,
otherwise known as ‘The Child and Youth Welfare Code’ and the
Supreme Court rule on commitment of children: Provided, further,
That 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) years of age up to [fifteen (15)]
EIGHTEEN (18) 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,
rape, 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
imnricanment chall he deemed a nenlectad child inder Drecidantial


Decree No. 603, as amended, and shall be mandatorily placed in a
special facility within the youth care facility or ‘Bahay 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 IJISC 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-B of the same Act, as amended, is further amended to read
as follows:

“SEC. 20-B. Repetition of Offenses. - A child who is above twelve (12)
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] SUCH CHILD 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”.


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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
ASSESSMENT SHALL INCLUDE IDENTIFICATION OF PHYSICAL
AND MENTAL HEALTH ISSUES, SUBSTANCE ABUSE AND FAMILY
ISSUES. 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 TWELVE (12) YEARS OF AGE or [above fifteen (15)]
TWELVE (12) 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] TWELVE (12) 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] REFORMATION
AND REHABILITATION 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] REFORMATION 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. PENALTY 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 JJWC, 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 UNTIL
SUCH TIME THAT THE OPERATIONS AND MANAGEMENT OF THE
BAHAY PAG-ASA SHALL HAVE BEEN TRANSFERRED TO THE
DSWD. THEREAFTER, THE FUNDING NECESSARY FOR THE
ESTABLISHMENT AND CONTINUED OPERATION OF ‘BAHAY
PAG-ASA’ SHALL BE INCLUDED IN THE BUDGET OF THE DSWD
IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

Every ‘Bahay Pag-asa’ will have a special facility called the IJISC. 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 IJISC. Upon institutionalization of the
DISC program, the JJWC will continue to monitor and provide technical
assistance to the multi-disciplinary teams operating the said centers.”

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] TECHNICAL 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] OR TECHNICAL
training FACILITY [facilities] that [may] SHALL be established,
maintained, supervised and controlled by the DSWD [BuCor1, in


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

THE AMOUNT NECESSARY FOR THE ESATBLISIHMENT,
OPERATION AND MAINTENANCE OF AGRICULTURAL AND
TECHNICAL TRAINING FACILITIES SHALL BE INCLUDED IN THE
BUDGET OF THE DSWD IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.”

SEC. 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”

SEC. 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 TWELVE (12) YEARS OF AGE. - Upon effectivity of this Act,
cases [of children fifteen (15) years old and] INVOLVING CHILDREN
IN CONFLICT WITH THE LAW below TWELVE (12) 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.

Approved,