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

EIGHTEENTH CONGRESS
First Regular Session

1376

Introduced by Repgesentative FREDENIL H. CASTRO.

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 9344, the “Juvenile Justice and Welfare Act of
2006", more popularly known as the Pangilinan Law, as amended by Republic Act No. 10630,
“An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile
JHustice and Welfare Council under the Department of Social Welfare and Development,
Appropriating Funds Therefor, and for other Purposes.”

R.A, 9344, more specifically Section 6 thereof, raised the minimum age of criminal
responsibility from nine (9) years old to fifteen (15) years old. While the intent of protection of the
Filipino youth maybe highly laudable, its effects have had the opposite effects — the pampering of
youthful offenders who commit crimes knowing they can get away with it. Worse, adult criminals
~ individually and/or in organized cabal — knowingly and purposely make use of youth below 15
years of age to commit crimes, such as drug trafficking, aware that they cannot be held criminally
liable.

The choice of nine (9) years as the minimum age of criminal responsibility under the
revised penal code was infused with wisdom. Most children above this age, especially in these
times when all forms and manner of knowledge are available though the internet anda media,
are already fully informed and should be taught that they are responsible for what {hey say or do.

In view of the foregoing, approval of this measure is earnestly sought a

YL

ENIL H. CASTRE
Representative, 2" District Capiz


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1376

Introduced by Representative FREDENIL H. CASTRO.

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 I. 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
aceredited 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 psychologisvmental
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] SOCIAL 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] SOCIAL 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 duly registered nongovernmental or religious organization;

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

(© 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 INCONFLICT 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 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 ‘Bahay Pag-asa’ called the
Intensive Juvenile Intervention and Support Center (LJISC).

In accordance with existing laws, rules, procedures and guidelines, the proper
petition for involuntary commitment and placement under the [JISC 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 JISC. 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 wilt 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 follow

"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 Actr 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 JISC, 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
(©) 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 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.

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. - Ifthe 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 VIOLA 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. Se

n 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 JISC. 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 JISC. Upon institutionalization of the DISC program, the IWC wili
continue to monitor and provide technical assistance to the multi-disciplinary teams
operating the said centers."

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,
afier 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 [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 STABLISH
AT LEAST TWO (2) AGRICULTURAL TRAINING FACILITIES EACH IN
LUZON, VISAYAS AND MINDANAO. THE DSWD, IN ARTNERSHIP
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 taw 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 fof 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.

Adopted,