Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEE REPORT NO. 2064

Submitted by the Committee on Revision of Laws and the Committee on
Appropriations on_2 1MAR 2012

6052

Re : House Bill No. _

Recommending its approval in substitution of House Bill Nos. 467, 1495, 2611, 2894, 3077
and 3423

Sponsors: —_ Representatives Marlyn L. Primicias-Agabas, Joseph Emilio A.
Abaya, Salvador H. Escudero II, Mel Senen S. Sarmiento, Mary
Mitzi L. Cajayon, Pablo P. Garcia, Karlo Alexei Nograles and
___ Anthony Rolando T. Golez, Jt._

Mr. Speaker:

The Committee on Revision of Laws and the Committee on Appropriations to which
were referred House Bill No. 467, introduced by Reps. Salvador H. Escudero il,
Cinchona Cruz-Gonzales, Pedro P. Romualdo and Rene L. Relampagos, entitled:

“AN ACT RESTORING THE CRIMINAL LIABILITY OF A PERSON UNDER
EIGHTEEN YEARS OF AGE, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, OTHERWISE KNOWN AS THE JUVENILE JUSTICE WELFARE ACT OF
2006",

House Bill No. 1495, introduced by Reps. Mel Senen S. Sarmiento, Jerry P. Trefias,
Rufus B. Rodriguez, Cesar V. Sarmiento and Maria Zenaida B. Angping, entitled:

“AN ACT AMENDING SECTIONS 49 AND 50 OF REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT OF
2006",

House Bill No. 2611, introduced by Mary Mitzi L. Cajayon, Roberto V. Puno, Jeci A.
Lapus, Carlo V. Lopez, Susan A. Yap and Amel M. Cerafica, entitled:

“AN ACT RESTORING THE CRIMINAL RESPONSIBILITY OF CHILDREN UNDER
EIGHTEEN (18) YEARS OF AGE, AMENDING REPUBLIC ACT NO. 9344
OTHERWISE KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF
2006" AND FOR OTHER PURPOSES”,

2 TMAR 2012

4 [6 fii
a



House Bill No. 2894. introduced by Reps. Pablo P. Garcia and Rex Gatchalian,
entitled

“AN ACT AMENDING REPUBLIC ACT NUMBERED NINE THOUSAND THREE
HUNDRED FORTY-FOUR, OTHERWISE KNOWN AS THE COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE ACT OF 2006, AND FOR OTHER
PURPOSES”,

House Bill No. 3077, introduced by Reps. Karlo Alexei B. Nograles and Erico B.
Aumentado, entitled:

“AN ACT AMENDING THE REPUBLIC ACT NO. 9344 OTHERWISE KNOWN AS.
THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006”,

and House Bill No. 3423, i ie by Reps. Anthony Rolando T. Golez, Romeo M.
Acop and Mercedes K. Alvarez, ent

“AN ACT REINSTATING THE CRIMINAL LIABILITY OF A PERSON UNDER
EIGHTEEN YEARS OF AGE, AMENDING FOR THE PURPOSE REPUBLILC ACT
NO. 9344, KNOWN AS THE JUVENILE JUSTICE AND WELFARE ACT OF 2006
AND FOR OTHER PURPOSES”,

me conrad the

052

@ and recommends that the attached House Bill No.

a entitied:

“AN ACT STRENGTHENING TH! ENILE JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS
THE “JUVENILE JUSTICE AND WELFARE ACT OF 2006"

be approved in substitution of House Bill Nos. 467, 1495, 2611, 2894, 3077 and 3423 with
Reps. Salvador H. Escudero, Cinchone Cruz-Gonzales, Mel Senen S. Sarmiento, Jerry P.
Trenas, Mary Mitzi L_Cajayon, Roberto V. Puno, Pablo P. Garcia, Rex Gatchalian, Karlo
Alexei B. Nograles, Erico B. Aumentado, Anthony Rolando T. Golez, Jr., Romeo M. Acop,
Pedro P. Romualdo, Rene L. Relampagos, Rufus B. Rodriguez, Cesar V. Sarmiento, Jeci
A.Lapus, Carlo V. Lopez, Mercedes K Alvarez, Maria Zenaida B. Angping, Susan A. Yap,
Amel M. Cerafica and Marlyn L. Primicias-Agabes as authors thereof.

Respecttully submitted,
aeTA
oxo ct 1A ABAYA) mal

ee We
NOL. ICIAS-AGABAS
Chain Chairperson

Con mpi on Appropriation Committee on Revision of Laws



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Second Regular Session
9 a
HOUSE BILL No.
(In substitution of House Bills No. 467, 1495, 2611, 2894, 3077 and 3423)

Introduced by Representatives Salvador H. Escudero Ill, Cinchona Cruz-
Gonzales, Mel Senen S. Sarmiento, Jerry P. Trefias, Mary Mitzi L, Cajayon,
Roberto V. Puno, Pablo P. Garcia, Rex Gatchalian, Karlo Alexei B. Nograles,
Erico B. Aumentado, Anthony Rolando T. Golez, Jr. Romeo M. Acop, Pedro P
Romualdo, Rene L. Relampagos, Rufus B. Rodriguez, Cesar V. Sarmiento, Jeci
A. Lapus, Carlo V. Lopez, Mercedes K. Alvarez, Maria Zenaida B. Angping,
Susan A. Yap, Amel M. Cerafica and Marlyn L. Primicias-Agabas

AN ACT
STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES,
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:
1 SECTION 1. Section 1 of Republic Act No. 9344 is hereby amended to
2read as follows:
“SECTION 1. Short Title and Scope. — This Act shall be known as

4 The (‘Juvenile Justice and Welfare Act of 2006"] ‘STRENGTHENING THE
5 JUVENILE JUSTICE SYSTEM IN THE PHILIPPINES ACT.’ It shall cover
6 the different stages involving children at risk, [and] children in conflict with
7 the lav AND YOUTHFUL OFFENDERS from prevention to rehabilitation
8 and reintegration."

9 SEC. 2. Sections 4, 5, 6, 7, 8 and 9 of Republic Act No. 9344 are hereby

10amended to read as follows:

I “SEC. 4. Definition of Terms. — The following terms as used
12 in this Act shall be defined as follows:
13 (a) xxx

4 (b) xxx


(c) “Child” refers to a person under the age of eighteen (18)
years. A CHILD CAN BE CLASSIFIED AS FOLLOWS:
(A) CHILD AT RISK, (B) CHILD IN CONFLICT WITH
THE LAW, AND (C) YOUTHFUL OFFENDER

(d) xxx

(e) “Child in Conflict with the Law” refers to a child, ABOVE
TWELVE (12) YEARS OLD BUT AT LEAST FIFTEEN
(15) YEARS OF AGE, who is alleged as. accused of, or
adjudged as, having committed an offense under
Philippine laws.

() xxx

@ «xx

(h) x x x

() xxx

@ xxx

(k) “Initial Contact With the Child” refers to the apprehension
or taking into custody of a child in conflict with the law OR
A YOUTHFUL OFFENDER by law enforcement officers
of private citizens. It includes the time when the child
alleged to be in conflict with the law OR THE ALLEGED
YOUTHFUL OFFENDER receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6 (a) or Section 9
(b) of the same Rule in cases that do not require
preliminary investigation or where there is no necessity to
place the child alleged to be in conflict with the law OR
THE ALLEGED YOUTHFUL OFFENDER under
immediate custody.

@ xxx

(m) “Juvenile Justice and Welfare System” refers to a
system dealing with children at nsx, [and] children in
conflict with the law, AND YOUTHFUL OFFENDERS.
which provides child appropriate proceedings including

programs and services for prevention, diversion,


1

rehabilitation, re-integration and aftercare to ensure their
normal growth and development.

(n) x xx

(0) x xx

(p) xxx

(q) xxx

() xxx

(s) [Youth Detention Home"] “BAHAY PAG-ASA" ~ refers
to a 24-hour child caring institution managed by
accredited loca! government units (LGUs) and licensed
and/or accredited non-government organizations (NGOs)
providing short term residential care for children in
conflict with the law who are awaiting court cisposition of
their cases or transfer to other agencies or jurisdiction.

(t) xxx

(u) “Victimless Crimes" refers to offenses where there is no
private offended party.

(v) “YOUTHFUL OFFENDER” REFERS TO A CHILD

ABOVE TWELVE (12) YEARS OLD BUT AT LEAST

FIFTEEN (15) YEARS OF AGE WHO ACTED WITH

DISCERNMENT OR A CHILD ABOVE FIFTEEN (15)

YEARS OLD BUT UNDER THE AGE OF EIGHTEEN (18)

YEARS AT THE TIME OF THE ALLEGED COMMISSION

OF A CRIMINAL OFFENSE. HE MAY BE ARRESTED OR

TAKEN INTO CUSTODY AND BE DEALT WITH IN

ACCORDANCE WITH THE PROVISIONS OF

PRESIDENTIAL DECREE NO. 603, AS AMENDED,

OTHERWISE KNOWN AS “THE CHILD AND YOUTH

WELFARE CODE.”

SEC. 5. Rights of the Child in Conflict with the Lew AND

YOUTHFUL OFFENDER - Every child in conflict with the law and
YOUTHFUL OFFENDER shall have the following rights including
but not limited to:

Bw


(a)x x x
XXX Xxx XXX

(d) the right to be treated with humanity and respect for the
inherent dignity of the person, and in a manner which takes into
account the needs of a person of [his/her] THE CHILD'S age. In
particular, a child deprived of liberty shall be separated from adult
offenders at all times. No child shell be detained together with adult
offenders. [He/she] THE CHILD shall be conveyed separately to or
from court. [He/she] AND shail await hearing [of his/her own] THE
case in a separate holding area. A child in conflict with the law AND
A YOUTHFUL OFFENDER shall have the right to maintain contact
with [his/her] THEIR family through correspondence and visits,
save in exceptional circumstances.

XXX XXX XXX

(k) the right to have restrictions on [his/her] THEIR personal
liberty limited to the minimum and where discretion is given by law
to the judge to determine whether to impose fine or imprisonment
[, the imposition of the fine being preferred as the more appropriate
penalty];

XXX

XXX XXX XXX.

SEC. 6. Minimum Age of Criminal Responsibility. — A child
[fifteen (15)] 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 above [fifteen (15] TWELVE (12) years OLD but
[below eighteen (18)] AT LEAST FIFTEEN (15) 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 proceedings in accordance with this Act.


16
7
18
19

The exemption from criminal liability herein established does
not include exemption from civil liability, which shall be enforced in
accordance with existing laws.

WHEN A CHILD WHO IS ABOVE TWELVE (12) YEARS
OLD BUT AT LEAST FIFTEEN (15) YEARS OF AGE HAS BEEN
DECLARED BY THE COURT TO HAVE ACTED WITH
DISCERNMENT AT THE TIME OF THE COMMISSION OF THE
OFFENSE AND IS FOUND GUILTY OF THE OFFENSE
CHARGED, THE CHILD'S SENTENCE SHALL BE SUSPENDED
PURSUANT TO SEC. 3 THEREOF AND THE CHILD SHALL
EITHER BE COMMITTED TO A REFORMATORY INSTITUTION
OR TO THE CUSTODY OF THE DSWD OR ANY DULY
LICENSED AGENCY: PROVIDED, THAT IF THE CHILD
BECOMES INCORRIGIBLE OR WILLFULLY FAILS TO COMPLY
WITH THE CONDITIONS OF COMMITMENT IN THE TRAINING
OR REFORMATORY INSTITUTION, THE CHILD SHALL BE
RETURNED TO THE COMMITTING COURT FOR THE
PRONOUNCEMENT OF JUDGMENT IMPOSING THE PROPER
PENALTY UPON REACHING EIGHTEEN (18) YEARS OLD.

IF THE OFFENSE CHARGED IS MURDER, PARRICIDE,
HOMICIDE, KIDNAPPING, RAPE, ROBBERY, DRUG
TRAFFICKING OR OTHER OFFENSES PUNISHABLE BY MORE
THAN TWELVE (12) YEARS, SUCH CHILD IS PRESUMED TO
HAVE ACTED WITH DISCERNMENT AND SHALL BE
CONSIDERED AS A YOUTHFUL OFFENDER AND SHALL BE
DEALT WITH IN ACCORDANCE WITH THE PROVISIONS OF
PRESIDENTIAL DEGREE NO. 603, AS AMENDED, OTHERWISE
KNOWN AS “THE CHILD AND YOUTH WELFARE CODE.”

A CHILD ABOVE FIFTEEN (15) YEARS OLD BUT UNDER
EIGHTEEN (18) YEARS OF AGE SHALL BE CONSIDERED AS A
YOUTHFUL OFFENDER WHO SHALL BE DEALT WITH THE
PROVISIONS OF PRESIDENTIAL DECREE NO. 603.


SEC. 7. Determination of Age. — [The] A chiid in conflict with
the law OR A YOUTHFUL OFFENDER shail enjoy the presumption
of minority {. He/She] AND shall enjoy alt [the] THEIR LEGAL rights
fof a child in conflict with the law] until [he/she] THE CHILD is
proven to be [eighteen (18)] ABOVE FIFTEEN (15) years old [or
older]. The age of a child 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] GIVEN BY 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 OF THE CHILD.

Any person contesting the age of [the] A child in conflict with
the law OR A YOUTHFUL OFFENDER prior to the filing of the
information in any appropriate court may file a case in a summary
proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested parties.

If a case has been filed against [the] A child in conflict with
the law OR A YOUTHFUL OFFENDER and is pending in the
appropriate court, the person shall file a motion to determine the
age of the child in the same court where the case is pending.
Pending hearing on the said motion, proceedings on the main case
shail be suspended.

In all proceedings, law enforcement officers, prosecutors,
judges and other government officials concerned shall exert all
efforts at determining the age of {the} A child in conflict with the law
OR A YOUTHFUL OFFENDER.

A CHILD IS DEEMED TO BE TWELVE (12) AND FIFTEEN
(15) YEARS OLD ON THE DAY OF THE TWELFTH AND
FIFTEENTH BIRTHDAY, RESPECTIVELY. A PERSON |S
DEEMED TO BE EIGHTEEN (18) YEARS OLD ON THE DAY OF
THE EIGHTEENTH BIRTHDAY.


ey Awa

36

40

42
43

SEC. 8. Juvenile Justice and Welfare Council (JJWC). — A
Juvenile Justice and Welfare Council (JJWC) is hereby created and
attached to the Department of [Justice] SOCIAL WELFARE AND
DEVELOPMENT and placed under its administrative supervision
The JJWC shall be chaired by an undersecretary of the Department
of Social Welfare and Development. It shall ensure the effective
implementation of this Act and coordination among the following

agencies:

(A) DEPARTMENT OF JUSTICE (DOJ)
[(@)1(8) 11 Council for the Welfare of Children (CWC)
[(b)1(C) _13Department of Education (DepEd)
[(©)](D) _1SDepartment of interior and Local Government (DILG)
{(d)] (E) 17Public Attorney's Office (PAO)
{(e)1(F) _19Bureau of Correction (BUCOR)

[(1(G) _21Parole and Probation Administration (PPA)
[(g)1(H) 23National Bureau of Investigation (NBI)

[(h)1 (i) 27Philippine National Police (PNP)

[Q10) 28Bureau of Jail Management and Penology
29(BJMP)
[G)1(K) — 31Commission on Human Rights (CHR)

[(K)](L) _33Technical Education and Skills Development
34Authority (TESDA)
[()1(M) —_37National Youth Commission (NYC); and

[(m)](N)  380ther institutions focused on juvenile justice and
39intervention programs.

The JJWC shall be composed of representatives whose
ranks shall not be lower than [d] Director, to be designated by the
concemed heads of the following departments or agencies:

xX Xx


Som

&

(h) Two (2) representatives from NGOs, one to be
designated by the Secretary of [Justice and the other to be
designated by the Secretary of] Social Welfare and Development.

The JJWC shall convene within fifteen (15) days from the
effectivity of this Act. The Secretary of [Justice and the Secretary
of] Social Welfare and Development shall determine the
organizational structure and staffing pattern of the JJWC.

XEKeK

SEC. 9. Duties and Functions of the
JJWC. - The JJWC shall have the following duties and functions:

[a] A) xxx

[(b)] (8) x x x

{(] (C) xxx

{(d)] (0) x x x

[(e)] (E) xxx

(f) TO CONSULT WITH THE VARIOUS LEAGUES OF

LOCAL GOVERNMENT OFFICIALS IN THE
FORMULATION AND RECOMMENDATION OF
POLICIES AND STRATEGIES FOR THE PREVENTION
OF JUVENILE DELINQUENCY AND THE PROMOTION
OF JUVENILE JUSTICE AND WELFARE.

[(] (G) To formulate and recommend strategies in
consultation with children for the prevention of juvenile delinquency
and the administration of justice, as well as for the treatment and
rehabilitation of [the] children in conflict with the law OR
YOUTHFUL OFFENDERS.

[(g)] (H) To collect relevant information and conduct
continuing research and support evaluations and studies on all
matters relating to juvenile justice and welfare, such as but not
limited to:

1. the performance and results achieved by juvenile
intervention programs and by activities of the local

government units and other government agencies;


2. the periodic trends, problems and causes of juvenile
delinquency and crimes; and

3. the particular needs of children in conflict with the law OR
YOUTHFUL OFFENDERS in custody.

The data gathered shall be used by the JJWC in the
improvement of the administration of THE juvenile justice and
welfare system.

The JJWC shall set up a mechanism to ensure that children
are involved in research and policy development.

THE JJWC SHALL CONDUCT, EVERY THREE (3) YEARS,
A STUDY ON THE AGE OF DISCERNMENT OF FILIPINO
CHILDREN WHICH SHALL BE THE BASIS FOR LEGISLATIVE
REVIEW OF THE MINIMUM AGE OF CRIMINAL
RESPONSIBILITY

Lin) () xxx

CO] W) xxx

£@)] (K) To submit an annual report to the President on the
implementation of this Act; and

[(k)] (L) To perform such other functions as may be
necessary to implement the provisions of this Act.”

SEC. 3. Section 13 of RA 9344 is hereby amended to read as follows:

“SEC. 13. The Educational System. — Educational
institutions shall work together with families, community
organizations and agencies in the prevention of juvenile
delinquency and jn the rehabilitation and reintegration of [a child]
CHILDREN in conflict with the law AND YOUTHFUL OFFENDERS.
Schools shall provide adequate, necessary and individualized
educational schemes for children manifesting difficult behavior,
[and] children in conflict with the law AND YOUTHFUL
OFFENDERS. In cases where children in conflict with the law
AND YOUTHFUL OFFENDERS are taken into custody or detained
in rehabilitation centers, they should be provided the opportunity to


I continue learning under an alternative learning system with basic

2 literacy program or non-formal education accreditation equivalency

3 system.”

4 SEC. 4. Section 20 of Republic Act No. 9344 is hereby amended to read
Sas follows:

6 “SEC. 20. Children Below the Age of Criminal

7 Responsibility. — If it has been determined that the child taken into

8 custody is [fifteen (15)] TWELVE (12) years old or below, OR

9 ABOVE TWELVE (12) YEARS OLD BUT AT LEAST FIFTEEN (15)

10 YEARS OF AGE, AND HAD ACTED WITHOUT DISCERNMENT,

MW the authority which will have an initial contact with the child, IN
12 CONSULTATION WITH THE LOCAL SOCIAL WELFARE AND
13 DEVELOPMENT OFFICER, [has] SHALL HAVE the duty to
4 immediately release the child to the custody of [his/her] THE
Is CHILD'S parents or guardian, or in the absence thereof, the child’s
16 nearest relative EXCEPT WHEN THE OFFENSE CHARGED |S
17 MURDER. PARRICIDE, INFANTICIDE, HOMICIDE, KIDNAPPING
18 AND SERIOUS ILLEGAL DETENTION, RAPE, ROBBERY,
19 DESTRUCTIVE ARSON, CARNAPPING, DRUG TRAFFICKING
20 OR OTHER OFFENSES PUNISHABLE BY MORE THAN TWELVE
21 (12) YEARS. IN WHICH CASES, IT IS PRESUMED THAT THE
2 CHILD ACTED WITH DISCERNMENT.

23 THE CHILD WHO ACTED WITH DISCERNMENT SHALL
24 BE SUBJECTED TO A COMMUNITY-BASED INTERVENTION
25 PROGRAM SUPERVISED BY THE LOCAL SOCIAL WELFARE
26 AND DEVELOPMENT OFFICER. [Said authority shall give notice

20 to the] THE local social welfare and development officer [who will]
28 SHALL determine the appropriate programs, in consultation with
29 the child and [to] the person [having] WHO HAS custody over the
30 child. If the parents, guardians or nearest relatives cannot be

31 located, or if they refuse to take custody, the child may be released

10


i to any of the following: a duly registered nongovemmental or
2 religious organization; a barangay official or a member of the
3 Barangay Council for the Protection of Children (BCPC); a local
4 social welfare and developrnent officer; or when and where
5 appropriate, the DSWD. If the child { referred to herein ] has been
6 found by the Local Social Welfare and Development Office
7 (LSWDO) to be DEPENDENT, abandoned[ , ] OR neglected [ or
8 abused by his parents, or in the event that the parents will not
9 comply with the prevention program, ] AND THE BEST INTEREST
10 OF THE CHILD REQUIRES THAT THE CHILD BE PLACED INA

mi YOUTH CARE FACILITY, THE CHILD'S PARENTS OR
12 GUARDIAN SHALL EXECUTE A WRITTEN AUTHORIZATION
13 FOR THE VOLUNTARY COMMITMENT OF THE CHILD:
14 PROVIDED, THAT IF THE CHILD HAS NO PARENTS OR
15 GUARDIAN OR IF THEY REFUSE OR FAIL TO EXECUTE THE
16 WRITTEN AUTHORIZATION FOR VOLUNTARY COMMITMENT,
17 the proper petition for involuntary commitment shall be
18 IMMEDIATELY filed by the DSWD or the Local Social Welfare and
19 Development Office pursuant to Presidential Decree No. 603, As
20 Amended, otherwise known as “The Child and Youth Welfare
21 Code” AND SUPREME COURT ADMINISTRATIVE MATTER NO.
22 02-1-19-SC WHICH TOOK EFFECT ON APRIL 15, 2002
23 EMBODYING THE RULE ON COMMITMENT OF CHILDREN:
24 PROVIDED, FURTHER, THAT THE MINIMUM AGE FOR
25 CHILDREN COMMITTED TO A YOUTH CARE FACILITY SHALL.

26 BE TWELVE (12) YEARS OLD”

27. SEC. 5. Republic Act No. 9344 is further amended by inserting new
28sections to be designated as Section 20-A to Section 20-D to read as follows:

24.) “SEC. 20-A. REPETITION OF OFFENSES. — A CHILD
30 WHO iS ABOVE (12) YEARS OLD OR AT LEAST FIFTEEN (15)
31 YEARS OF AGE, AND WHO COMMITS AN OFFENSE MORE


THAN TWO TIMES 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, THAT, IF THE BEST INTEREST OF THE CHILD
REQUIRES THAT THE CHILD IS PLACED IN A YOUTH CARE
FACILITY, THE CHILD'S PARENTS OR GUARDIAN SHALL
EXECUTE A» WRITTEN AUTHORIZATION FOR THE
VOLUNTARY COMMITMENT OF THE CHILD: PROVIDED,
FURTHER, THAT, IF THE CHILD HAS NO PARENTS OR
GUARDIAN 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 PURSUANT
TO PRESIDENTIAL DECREE NO. 603, AS AMENDED, AND THE
SUPREME COURT RULE ON COMMITMENT OF CHILDREN:
PROVIDED, FURTHER, THAT THE MINIMUM AGE FOR
CHILDREN COMMITTED TO A YOUTH CARE FACILITY SHALL
BE ABOVE TWELVE (12) YEARS OLD.

SEC. 20-B. 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, SHALL BE
IMPOSED THE PENALTY PRESCRIBED BY LAW FOR THE
CRIME COMMITTED, IN ITS MAXIMUM PERIOD.

SEC. 20-C. ASSISTANCE TO VICTIMS OF OFFENSES
COMMITTED BY CHILDREN. - THE VICTIM OF THE OFFENSE
COMMITTED BY A CHILD AND THE VICTIM’S FAMILY SHALL
BE PROVIDED THE APPROPRIATE ASSISTANCE AND
PSYCHOLOGICAL INTERVENTION BY THE LOCAL SOCIAL


1 WELFARE AND DEVELOPMENT OFFICER AND THE
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT.

wv

SEC. 20-D. JOINT PARENTAL RESPONSIBILITY. - THE
COURT MAY REQUIRE THE PARENTS OF A CHILD IN
CONFLICT WITH THE LAW OR A YOUTHFUL OFFENDER TO

=

3

6 UNDERGO COUNSELING OR ANY OTHER ACTIVITY THAT, IN
uA THE OPINION OF THE COURT, WOULD ADVANCE THE
8 WELFARE AND BEST INTEREST OF THE CHILD

> AS USED IN THIS ACT, “PARENTS” SHALL MEAN ANY
10 OF THE FOLLOWING:
il (A) BIOLOGICAL PARENTS OF THE CHILD; OR

12 (B) ADOPTIVE PARENTS OF THE CHILD; OR

13 (C) INDIVIDUALS WHO HAVE CUSTODY OF THE CHILD.
14 A COURT EXERCISING JURISDICTION OVER A CHILD IN
15 CONFLICT WITH THE LAW OR A YOUTHFUL OFFENDER MAY
16 REQUIRE THE ATTENDANCE OF ONE OR BOTH PARENTS OF
17 THE CHILD AT THE PLACE WHERE THE PROCEEDINGS ARE

18 TO BE CONDUCTED.

19 THE PARENTS SHALL BE LIABLE FOR DAMAGES

20 UNLESS THEY PROVE, TO THE SATISFACTION OF THE

21 COURT THAT THEY WERE EXERCISING REASONABLE

22 SUPERVISION OVER THE CHILD AT THE TIME THE CHILD

23 COMMITTED THE OFFENSE AND EXERTED REASONABLE

24 EFFORT AND UTMOST DILIGENCE TO PREVENT OR

25 DISCOURAGE THE CHILD FROM COMMITTING ANOTHER

26 OFFENSE.”

27 SEC. 6. Sections 21, 22 and 23 of Republic Act No. 9344 are hereby

28amended to read follows:


“SEC. 21. Procedure in taking the Child into Custody. —
From the moment a child is taken into custody, the law enforcement
officer shall.

(a) xx x

(b) x x x

(c) xxx

(4) Refrain from using vulgar or profane words and from
sexually harassing or abusing or making sexual advances on the
child in conflict with the lav OR YOUTHFUL OFFENDER.

(e) xx x

(f) Refrain from subjecting the child in conflict with the law
OR YOUTHFUL OFFENDER to greater restraint than is necessary
for [his/her] THE apprehension;

(9) xxx

(h) x x x

(i) xxx

Wj) xxx

(k) Ensure that should detention of the child in conflict with
the law OR YOUTHFUL OFFENDER be necessary, the child shall
be secured in quarters separate from that of the opposite sex and
adult offenders.

() x x x

(m)x x x

A child in conflict with the law OR YOUTHFUL OFFENDER
shall only be searched by a law enforcement officer of the same

gender and not be locked up in a detention cell.

SEC. 22. Duties During Initial Investigation. — The law
enforcement officer shall, in [his/her] THE CONDUCT OF THE
investigation, determine where the case involving the child in
conflict with the law OR YOUTHFUL OFFENDER should be
referred.

xxx


i: THE LOCAL SOCIAL WELFARE AND DEVELOPMENT
OFFICER SHALL CONDUCT AN INITIAL ASSESSMENT TO
DETERMINE WHETHER OR NOT THE CHILD ACTED WITH
4 DISCERNMENT, USING THE ASSESSMENT TOOLS
DEVELOPED BY THE DEPARTMENT OF SOCIAL WELFARE
AND DEVELOPMENT, AND TO FORMULATE THE
APPROPRIATE INTERVENTIONS FOR THE REHABILITATION
OF THE CHILD. THE INITIAL ASSESSMENT SHALL BE
g WITHOUT PREJUDICE TO THE PREPARATION OF A MORE
10 COMPREHENSIVE CASE STUDY REPORT.

eee

Mm [After the initial investigation, t] The local social worker

2 [conducting the same may] SHALL do either of the following:
13 4) Proceed in accordance with Section 20 if the child is [

14 fifteen (15) } TWELVE (12) years or below or above [

15 fifteen (15) ] TWELVE but below [ eighteen (18) ]

16 FIFTEEN (15) years old, who acted without discernment;

7 and

18 ») PROCEED TO DIVERSION UNDER THE FOLLOWING

19 CHAPTER, If the child is above [ fifteen (15) ] TWELVE

20 (12) years old but below [ eighteen (18) ] FIFTEEN (15)

21 and who acted with discernment OR ABOVE FIFTEEN

22 (15) YEARS OLD BUT BELOW EIGHTEEN (18)[,

23 proceed to diversion under the following chapter].

24 SEC. 23. System of Diversion. ~ Children in conflict with

25 the law AND WHO ACTED WITH DISCERNMENT shall undergo

26 diversion programs [without undergoing court proceedings] subject

27 to the conditions herein provided;

28 oe

29 SEC. 7. Subparagraph (6). paragraph (a) of Section 31 of Republic Act

30No. 9344 is hereby amended to read as follows.


1 “SEC. 31. Kinds of Diversion Programs. - The diversion
2 programS shall include adequate socio-cultural and psychological
responses and services for the child. At the different stages where

4 diversion may be resorted to. the following diversion programs may

5 be agreed upon, such as, but not limited to:

6 fa) Atthe level of the Punong Barangay

7 (4) Restitution of property;

8 (2) Reparation of the damage caused;

9 (3) Indemnification for consequential damages;

10 (4) Written or oral apology;

il (5) Care, guidance and supervision orders:

2 (6) Counseling for the child in conflict with the lav OR
13 YOUTHFUL OFFENDER and the [child’s] family;

14 (7) Xxx;

15 (8) xxx

16 (9) xxx.

17 xxx

18 SEC. 8. Sections 32 and 33 of Republic Act No. 9344 are hereby
19amended to read as follows:
20 “SEC. 32. Duty of the Prosecutor's Office. — There shall be
2 a specially trained prosecutor to conduct inquest, preliminary
2 investigation and prosecution of cases involving a child in conflict of
23 the lav OR A YOUTHFUL OFFENDER. [if there is an] IT SHALL
24 BE THE DUTY OF THE PROSECUTOR TO INVESTIGATE ANY
25 allegation of torture or ill-treatment of a child in conflict with the law
26 OR A YOUTHFUL OFFENDER during arrest or detention], it shall
27 be the duty of the prosecutor to investigate the same].

28 SEC. 33. Preliminary Investigation and Filing of information.
29 — The prosecutor shall conduct a preliminary investigation in the
30 following instances:(a) when the child in conflict of the law OR

31 YOUTHFUL OFFENDER does not qualify for diversion; (9) when


1 the child, fhisMher] THE CHILD'S parents or guardian [does] DO not
agree to diversion as specified in Sections 27 and 28; and (c) when

considering the assessment and recommendation of the social

Row

worker, the prosecutor determines that diversion is not appropriate
for the child in conflict with the law or YOUTHFUL OFFENDER.

Peaaee

Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family Court
OR THE REGIONAL TRIAL COURT WHEN THERE IS NO
DESIGNATED FAMILY COURT within forty-five (45) days from the
start of the preliminary investigation. THE INFORMATION MUST
ALLEGE THAT THE CHILD ACTED WITH DISCERNMENT.”

BBS ecnwerd] 4H

B SEC. 9. Sections 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of RA 9344 are
l4hereby amended to read as follows:

is "SEC. 35. Release on Recognizance. - Where a child is
16 detained, the court shall order:

17 (a) the release of the minor on recognizance to [his/her]
18 parents and other suitable persons;

19 (b) the release of the child in conflict with the law OR
20 YOUTHFUL OFFENDER on bail; or

21 (0) the transfer of the minor to a youth detention home/youth
2 rehabilitation center.

23 EX

24 SEC. 36. Detention of the Child Pending Trial. — [Children]
25 A CHILD detained pending trial may be released on bail or
26 Tecognizance as provided for under Sections 34 and-35 under this
27 Act. In all other cases and whenever possible, detention pending
28 trial may, IN THE DISCRETION OF THE COURT, TAKING INTO
29 CONSIDERATION PUBLIC SECURITY AND SAFETY, be replaced
30 by altemative measures, such as close supervision, intensive care

31 or placement with a family or in an educational setting or home.


CadrdsaH wD

Institutionalization or detention of the child pending trial shall be
used only as a measure of last resort and for the shortest possible
period of time.

Whenever detention is necessary, a child will always be
detained in youth detention homes established by local
governments, pursuant to Section 8 of the Family Courts Act, in the
city or municipality where the child resides OR WHERE SUCH
YOUTH DETENTION CENTER IS NOT AVAILABLE, IN A
SEPARATE SECTION OF THE PROVINCIAL, CITY OR
MUNICIPAL JAIL EXCLUSIVELY DESIGNED FOR YOUTHFUL
OFFENDERS. .

In the absence of a youth detention home OR BAHAY
PAGASA AS DEFINED IN THIS ACT, the child in conflict with the
law OR YOUTH OFFENDER may be committed to the care of the
DSWD or a local rehabilitation center recognized by the
government in the province, city or municipality within the
jurisdiction of the court. The center or agency concerned shall be
responsible for the child's appearance in court whenever required.

SEC. 37. Diversion Measures. — Where the maximum
penalty imposed by law for the offense with which the child in
conflict with the law OR YOUTHFUL OFFENDER is charged is
imprisonment of not more than twelve (12) years, regardless of the
fine or fine alone regardiess of the amount, and before arraignment
of the child in conflict with the law OR YOUTHFUL OFFENDER, the
court shall determine whether or not diversion is appropriate.

SEC. 38. Automatic Suspension of Sentence. — Once the
child who is under [ eighteen (18) ] FIFTEEN (15) 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 shail place the child in conflict with the law OR YOUTHFUL


OFFENDER under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall
still be applied even if the juvenile is [already eighteen (18) ]
FIFTEEN (15) years of age or more at the time of the
pronouncement of [his/her] guilt.

ex x:

SEC. 39. Discharge of the Child in Conflict with the Law OR
YOUTHFUL OFFENDER. Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the
case against the child whose sentence has been suspended and
against whom disposition measures have been issued, and shall
order the final discharge of the child if it finds that the objective of
the disposition measures have been fulfilled

The discharge of the child in conflict with the law OR
YOUTHFUL OFFENDER shall not affect the civil liability resulting
from the commission of the offense, which shall be enforced in
accordance with law.

SEC. 40. Retum of the Child in Conflict with the Law OR
YOUTHFUL OFFENDER to Court. - If the court finds that the
objective of the disposition measures imposed upon the child in
conflict with the law OR YOUTHFUL OFFENDER has not been
fulfilled, or if the child in conflict with the law OR YOUTHFUL
OFFENDER has willfully failed to comply with the conditions of
[his/her] disposition or rehabilitation program, the child in conflict
with the law OR YOUTHFUL OFFENDER shall be brought before
the court for execution of judgment

if said child in conflict with the law OR YOUTHFUL
OFFENDER 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 sentence for a certain


15
16
17
18
19
20

specified period or until the child reaches the maximum age of
twenty-one (21) years.

SEC. 41. Credit in Service of Sentence. - The child in
conflict with the law OR A YOUTHFUL OFFENDER shall be
credited in the services of [his/her] THE sentence with the full time
spent in actual commitment and detention under this Act.

SEC. 42. Probation as an Alternative to Imprisonment. -
The court may, after it shall have convicted and sentenced a child
in conflict with the law OR A YOUTHFUL OFFENDER, and upon
application at any time, place the child on probation in lieu of
service of [his/her] THE sentence taking into account the best
interest of the child. For this purpose, Section 4 of Presidential
Decree No. 968, otherwise known as the “Probation Law of 1976" is
hereby amended accordingly.

SEC. 43. Confidentiality of Records and Proceedings. — All
records and proceedings involving children in conflict with the law
OR YOUTHFUL OFFENDERS from initial contact until final
disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings
and the records shall not be disclosed directly or indirectly to
anyone by any of the parties or the participants in the proceedings
for any purpose whatsoever, except WHEN NECESSARY to
determine if the SENTENCE METED TO THE child in conflict with
the law OR YOUTHFUL OFFENDER may [have his/her sentence]
BE suspended, or if [he/she] THE CHILD may be granted probation
under the Probation Law, or IN LINE WITH THE ENFORCEMENT
OF [to enforce] the civil liability imposed in the criminal action.

The component authorities shall undertake all measures to
protect this confidentiality of proceedings, including non-disclosure
of records to the media, maintaining a separate police blotter for
cases involving children in conflict with the law and adopting a


1 system of coding to conceai material information which will lead to

2 the child's identity. Records of a child in conflict with the law OR
3 YOUTHFUL OFFENDER shall not be used in subsequent
proceedings for cases involving the same offender as an adult,
5 except when beneficial for the offender and upon fhis/her] written
6 consent.
7 A person who has been in conflict with the law.as a child OR
8 HAS BEEN A YOUTHFUL OFFENDER shall not be held under any
9 provision of law, to be guilty of perjury or of concealment or
10 misrepresentation by reason of his/her failure to acknowledge the
MW case of recite any fact related thereto in response to any inquiry
12 made to him/her for any purpose.
13 SEC. 44. Objective of Rehabilitation and Reintegration. —
14 The objective of rehabilitation and reintegration of children in
FS: conflict with the law OR YOUTHFUL OFFENDERS is to provide
16 them with interventions, approaches and strategies that will enable
7 them to improve their social functioning with the end goal of
18 reintegration to their families and as productive members of their
19 communities.
20 SEC. 10. Sections 46 and 47 of RA 9344 are hereby amended to read as
21 follows:
22 “SEC. 46. Separate Facilities from Adults. — In all
23 rehabilitation or training facilities, it shall be mandatory that children
24 shall be separated from adults unless they are members of the
25 same family. Under no other circumstance shail a child in conflict

26 with the law OR YOUTHFUL OFFENDER be piaced in the same
27 confinement as adults.

28 ‘The rehabilitation, training or confinement area of children in
29 conflict with the law OR YOUTHFUL OFFENDERS shall provide a
30 home environment where children in conflict with the law OR


1 YOUTHFUL OFFENDERS can be provided with quality counseling
2 and treatment.”

“SEC. 47. Fernale Children. — Female children in conflict

4 with the law OR FEMALE YOUTHFUL OFFENDERS placed in an

5 institution shall be given special attention as to their personal needs

6 and problems. They shaii be handled by female doctors, correction

7 officers and social workers, and shall be accommodated separately

8 from male children in conflict with the law OR MALE YOUTHFUL

9 OFFENDERS.”

id SEC. 11. Sections 45, 50, 51 and 52 of RA 9344 are hereby amended

iland shall read as foliows:

2 “SEC. 49. Establishment of Youth Detention Homes. -
13 EACH PROVINCE AND HIGHLY URBANIZED CITY [ The LGUs ]
14 shali BE RESPONSIBLE FOR BUILDING YOUTH DETENTION
15 HOMES TO BE KNOWN AS “8AHAY PAG-ASA” AS MANDATED
16 BY REPUBLIC ACT NO. 8369, OTHERWISE KNOWN AS “THE
7 FAMILY COURTS ACT OF 1997." MOREOVER, THEY shall set
18 ide an amount EACH YEAR TO PROVIDE FOR THE UPKEEP
19 OF THE DETENTION HOMES [ to build youth detention homes as
20 mandated by the Family Courts Act. ] Youth detention homes may
24 also be established by private and NGOs licensed and accredited
2 by the DSWD, in consultation with the JJWC.

SEC. 50. Care and Maintenance of the Child in Conflict with

4 the Law OR YOUTHFUL OFFENDER. - The expenses for the care
25 and maintenance of a child in conflict with the law OR A
26 YOUTHFUL OFFENDER under institutional care shall be borne by
27 [his/her] THE CHILD'S parents or those persons liable to support
28 {himher}: Provided, That in case fhishher] THE parents or those
29 persons fiable [to] FOR THE support [him/her] cannot pay all or

30 part of said expenses, the CITY OR municipality where the


7
18
19

20
ai
2
23
24

26
27

28
29

31

[offense was committed shall pay one-third (1/3) of said expenses
or part thereof; the province to which the municipality belongs shall
pay one-third (1/3) and the remaining one-third (1/3) shall be borne
by the national government. Chartered cities shall pay two-thirds
(2/3) of said expenses; and] CHILD RESIDES WILL PAY FOR THE
COST OR THE BALANCE OF THE UNPAID EXPENSES FOR
THE CARE AND MAINTENANCE OF SAID CHILD: PROVIDED,
FURTHER, THAT in case [a chartered) SAID city OR
MUNICIPALITY cannot pay said expenses, THE PROVINCE
SHALL PAY FOR IT. [part of the internal revenue allotments
applicable to the unpaid portion shall be withheld and applied to the
settlement of said obligations: Provided, further, That in the event
that the child in conflict with the law is not a resident of the
municipality/city where the offense was committed, the court, upon
its determination, may require the city/municipality where the child
in conflict with the law resides to shoulder the cost.]

All city and provincial governments must exert effort for the
immediate establishment of local detention homes for children in
conflict with the law OR YOUTHFUL OFFENDERS.

SEC. 51. Confinement of Convicted Children in Agricultural
Camps and other Training Facilities. - A child in conflict with the
law OR A YOUTHFUL OFFENDER may, 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 agricultura’ camp
and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the
DSWD.

SEC. 52. Rehabilitation of Children in Conflict with the Law
OR YOUTHFUL OFFENDERS. - Children in conflict with the law
OR YOUTHFUL OFFENDERS, whose sentences are suspended
may, upon order of the court, undergo any or a combination of

23


ie

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 OR A YOUTHFUL OFFENDER, [he/she]
THE CHILD shall be released to parents, guardians, relatives 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] THE
parents/guardian, the child in conflict with the law OR YOUTHFUL
OFFENDER shall participate in community-based programs, which
shall include, but not BE limited to:

(1) Competency and life skills development;

(2) Socio-cultural and recreational activities;

(3) Community volunteer projects;

(4) Leadership training;

(5) Social services;

(6) Homelife services;

(7) Health services;

(8) Spiritual enrichment; and

(9) Community and family welfare services.

exe

SEC. 12. Section 56 of RA 9344 is hereby amended to read as follows:
"SEC. 56. After-Care Support Services for Children in
Conflict with the Law OR YOUTHFUL OFFENDERS. - Children in
conflict with the law OR YOUTHFUL OFFENDERS whose cases
have been dismissed by the proper court because of good behavior
as [per recommendation] RECOMMENDED BY of the DSWD
social worker and/or any accredited NGO youth rehabilitation
center shall be provided after-care services by the local social
welfare and development officer for a period of at least six (6)
months. The service includes counseling and other community
based services designed to facilitate social reintegration, prevent


1 re-offending and make the children productive members of the

2 community.”
3 SEC. 13. A new section shall be inserted after Section 57 of the same Act
4to be designated as Section 57-A and which shalll read as follows:

5 “SEC. 57-A. VIOLATIONS OF LOCAL ORDINANCES. —

6 ORDINANCES ENACTED BY LOCAL GOVERNMENTS

7 CONCERNING JUVENILE STATUS OFFENSES SUCH AS BUT

8 NOT LIMITED TO, CURFEW VIOLATIONS, TRUANCY,

9 PARENTAL DISOBEDIENCE, ANTI-SMOKING AND ANTI-

10 DRINKING LAWS, AS WELL AS LIGHT OFFENSES AND

u MISDEMEANORS AGAINST PUBLIC ORDER OR SAFETY SUCH

12 AS, BUT NOT LIMITED TO, DISORDERLY CONDUCT, PUBLIC

13 SCANDAL, HARASSMENT, DRUNKENNESS, — PUBLIC

14 INTOXICATION, CRIMINAL NUISANCE, — VAGRANCY,

1s VANDALISM, GAMBLING, MENDICANCY, LITTERING, PUBLIC

16 URINATION, AND TRESPASSING, SHALL BE FOR THE

7 PROTECTION AND WELFARE OF CHILDREN. NO PENALTY
18 SHALL BE IMPOSED ON CHILDREN FOR SAID VIOLATIONS,
19 AND THEY SHALL INSTEAD BE BROUGHT TO THEIR

20 RESIDENCE OR TO THE BARANGAY HALL TO BE RELEASED

21 TO THE CUSTODY OF THEIR PARENTS. APPROPRIATE

22 INTERVENTION PROGRAMS SHALL BE PROVIDED FOR IN

23 SUCH ORDINANCES.”

24 SEC. 14. Section 63 of the same Act is hereby amended to read as
25follows:

26 “SEC. 63. Appropriations. - The amount necessary to carry

27 out the [initial implementation] PROVISIONS of this Act shall be
28 charged [to the Office of the President} AGAINST THE CURRENT
2) YEAR'S APPROPRIATION OF THE JUVENILE JUSTICE AND
30 WELFARE COUNCIL UNDER THE BUDGET OF THE
3f DEPARTMENT OF JUSTICE. Thereafter, such sums as may be
32 necessary for the continued implementation of this Act shall be

28


1 included in the BUDGET OF THE DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT UNDER THE ANNUAL
[succeeding] General Appropriations Act

IN ADDITION, THE COUNCIL MAY ACCEPT DONATIONS,
GRANTS AND CONTRIBUTIONS FROM VARIOUS SOURCES. IN
CASH OR IN KIND FOR PURPOSES RELEVANT TO ITS
FUNCTIONS, SUBJECT TO THE USUAL GOVERNMENT
ACCOUNTING AND AUDITING RULES AND REGULATIONS.”

[An initial amount of Fifty million pesos (P50,000,000.00) for
10 the purpose of setting up the JJWC shall be taken from the
n proceeds of the Philippine Charity Sweepstakes Office ]

+

Ce aw

12 SEC. 15. The Title of Republic Act No. 9344 is hereby amended to read
l3as follows:

14 “An Act Establishing a Comprehensive Juvenile Justice

15 Welfare System, Creating the Juvenile Justice and Welfare Council

16 Under the Department of [Justice] SOCIAL WELFARE AND

17 DEVELOPMENT, Appropriating Funds Therefor and for other

18 Purposes.”

19 SEC. 16. implementing Rules and Regulations. — The JJWC shall
20promulgate the necessary rules and regulation within sixty (60) days from the
2leffectivity of this Act.

2 SEC. 17. Repealing Clause. — All laws, decrees, ordinances and rules
2inconsistent with the provisions of this Act ere hereby modified or repealed

2aaccordingly.
25

26 SEC. 70. Separability Clause. - |f any provision of this Act is held
27unconstitutional, other provisions not affected thereby shall remain valid and binding

28 SEC. 19. Effectivity Clause. - This Act shail take effect after fifteen (15) days

29from its publication in at least two (2) national newspapers of general circulation
30 Approved,

26


House of Representatives
Committee Affairs Department

FACT SHEET

House Bill No.

in substitution of House Bill Nos. 467, 1495, 2611, 2894, 3077 and 3423

AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN
THE PHILIPPINES, AMENDING FOR THE PURPOSE RA 9344
KNOWN AS THE “JUVENILE JUSTICE AND WELFARE ACT OF
2006”

Introduced by: Representatives Salvador H. Escudero ill, Cinchona Cruz-Gonzales, Mel
Senen S. Sarmiento, Jerry P. Trefias, Mary Mitzi L. Cajayon, Roberto V. Puno, Pablo P.
Garcia, Rex Gatchalian, Karlo Alexei B. Nograles, Erico B. Aumentado, Anthony

Rolando T. Golez, Jr. Romeo M. Acop, Pedro P. Romualdo, Rene L. Relam,
Rufus B. Rodriguez, Cesar V. Sarmiento, Jeci A. Lapus, Carlo V. Lopez, Mercedes K.
Alvarez, Maria Zenaida B. Angping, Susan A. Yap, Arnel M. Cerafica and Marlyn L.
Primicias-Agabas

Committee Referral COMMITTEE ON REVISION OF LAWS:
Committee Chairperson HON. MARLYN L. PRIMICIAS-AGABAS
OBJECTIVE:

. To provide just and proficient parameters in the treatment of children in conflict
with the law specially youth offenders who act with discernment.

KEY PROVISIONS:

. Provides that a youthful offender refers to a child above twelve (12) but at
least fifteen (15) years of age who acted with discernment and a child above
fifteen (15) years old but under eighteen (18) years of age at the time of the
alleged commission of a criminal offense.

* — Suspends the sentence of a child twelve (12) years of age or under and a
child above twelve (12) years old but at least (15) years of age who acted
with discernment and was found guilty of an offense, but mandates that the
child be committed to a repository institution or to the custody of the DSWD or
any duly licensed agency.

* Provides that if the child failed to comply with the conditions of the repository
institutions mentioned, the child would be returned to the committing court for
the imposition of the penalty upon reaching eighteen (18) years of age.

* Provides, that if the offense charged is murder, parricide, homicide,
kidnapping, rape, robbery, drug trafficking or other offenses punishable by
more than twelve (12) years, such child shall be presumed to have acted with
discernment


Transfers the supervision and control of the Juvenile Justice and Welfare
Council from the Department of Justice to the Department of Social Welfare
and Development

Deters the exploitation of juveniles by providing stiffer penalties to anyone
found guity of taking advantage of children to carry out criminal activites

Defines the responsibility of parents in the supervision of their children.

Provides for assistance to be extended to victims of offenses committed by
children.

RELATED LAWs:

1997 Philippine Constitution
Revised Penal Code of the Philippines, as amended

EO No. 227, known as “The Family Code of the Philippines.”

RA No 9344, known as “Juvenile Justice and Welfare Act of 2006."
PD No. 603, known as * The Child and Youth Welfare Code.”

UN Convention of Rights of the Child

UN Universal Declaration of Human Rights