Republic of the Philippines
HOUSE OF REPRESENTATIVE! RECEIN) ED
Quezon City Date, _'4 JUL 2018 —
wis, 320,
Seventeenth Congress ay:
First Regular Session
House Bill No:_ 1609 retsmdnon ung

BULLS

EX-SERVICE

Introduced by REP. MERCEDES C. CAGAS

EXPLANATORY NOTE

‘A popular song declares the children are our future, It further states we should teach
them well and let them lead the way. More so in our country where we place a great deal of
importance on our youth, No less than our national hero recognizes their vital role in our
country’s fate, Hence, we have always strived to nurture, protect and empower our youth. So
much so that we passed a law, Republic Act (RA) No. 9344, otherwise known as the
“Juvenile Justice and Welfare Act of 2006” with the noble intention of protecting them from
criminal liability

However, fast forward to 2014, eight (8) years later. It appears our noble law has
failed. Unforescen events have occurred that a subsequent legislation has become a necessity.
Since its passage, crimes involving minors have been tremendously increasing. The present
minimum age of fifteen (15) years is not in accord with the reality nowadays. What is worse
and more pernicious, recent reports show that numerous syndicates are taking advantage of
the exempting circumstance under the present law. They use minors as implements and
shields to perpetrate crimes. Imagine their innocence being corrupted at such an early age.

It is therefore imperative to this representation, herself a mother, to humbly submit
this bill, which aims to lower the minimum age of criminal liability of a child offender from
fifteen (15) years of age to nine (9) years of age. Furthermore, the massive influence of
modern communication has brought minors immense awareness of their surroundings.
Minors these days are more matured and their perspectives in life have greatly improved as
compared to minors 10 years ago. Accordingly, it is but timely to have our laws reviewed in
order to adapt to the demands of time. It is the fervent hope of the undersigned that with this
measure, we can arrest (pun intended) the corruption of youth into a life of crime.

Hence, immediate passage of this bill is earnestly sought.

( \Strs i
MERCEDES C. CAGAS

ENTATIVES



|HOLSE OF REPRESENTATIVES
RECEIVED

DATE:

TIME:.

Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

Seventeenth Congress
First Regular s
House Bill No:

tSTRATION-UNET
BULLS AND INDEX SERVICE

AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 9344, OTHERWISE
KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”, AND
FOR OTHER PURPOSES

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 entitled the Juvenile Justice and Welfare
Act of 2006” is hereby amended to read as follows:

SECTION 6. Minimum Age of Criminal Respor lity. A child 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 NINE (9) years but below FIFTEEN (15) 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 Betow the Age of Criminal Responsibilty. -If it has been
determined that the child taken into custody is 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
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 parent, 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”.

SECTION 3. If any provision or section of this Act is declared unconstitutional or invalid,
such portions not affected thereby shall remain in full force and effect.

SECTION 4. All laws, decrees, executive orders, rules and regulations inconsistent with the
provision of this Act are hereby repealed or modified accordingly.

SECTION 5. This Act shall take effect immediately upon its approval

Approved.