FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORYNOTE 
Republic Act No. 9433, otherwise known as Juvenile Justice and Welfare 
Act of 2006 is a result of the state's recognition of the child's right to be treated in 
a manner consistent with the promotion of the child's sense of dignity and worth, 
taking into account the child's age and desirability of promoting hisher 
reintegration. 
The Juvenile Justice and Welfare System ensures "that children are dealt 
with in a manner appropriate to their well-being by providing for, among others, a 
variety of disposition measures such as care, guidance and supervision orders, 
counselling, probation, foster care, education and vocational training programs and 
other alternatives to institutional care." 
The propose measure seeks to refme Republic Act No. 9433 by addressing 
different issues and concerns confronted by different agencies in implementing 
the said law and for the advancement of the Children in Conflict with Law. 
In view of the foregoing, the approval of this bill is earnestly sought. 
/c 
G REVILLA, JR. 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPJNES 
) 
Second Regular Session 
) 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
AMENDING SECTIONS 6,8,20,22,33 AND 57 OF REPUBLIC ACT NO. 9344, 
OTHERWlSE KNOWN AS “JUVENILE JUSTICE AND WELFARE ACT OF 
2006” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
nssem bled: 
Section 1: Section 6 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) 
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) YEARS OF AGE ON 
THE DAY OF THE FIFTEENTH ANNIVERSARY OF HIS BIRTH DATE. 
A child above fifteen (15) years but below eighteen (18) 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 8 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 8. Juvenile Jzistice and Wesfare Council (JJWC). - A Juvenile Justice 
and Welfare Council (JJWC) is hereby created and attached to the Department of 
Justice 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) Council for the Welfare of Children (CWC); 
(h) Department of Education (DepEd); 
(c) Department of the Interior and Local Government (DILG); 
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(d) Public Attorney’s Office (PAO); 
(e) Bureau of Corrections (BUCOR); 
(f) Parole and Probation Administration (PPA); 
(g) National Bureau of Investigation (LWI); 
(h) Philippine National Police (PNP); 
(i) Bureau of Jail Management and Penology (B.lMP); 
(i) Commission on Human Rights (CHR); 
(k) Technical Education and Skills Development Authority (TESDA); 
(1) National Youth Commission (NYC); and 
(m)Other institutions focused on juvenile justice and intervention 
programs 
The JJWC shall be composed of representatives, whose ranks shall not 
he lower than director, to be designated by the concerned heads of the following 
departments or agencies: 
(a) Department of Justice (DOJ); 
(h) Department of Social Welfare and Development (DSWD); 
(c) Council for the Welfare of Children (CWC) 
(d) Department of Education (DepEd); 
(e) Department of the Interior and Local Government (DLG); 
(f) Commission on Human Rights (Cm); 
(g) National Youth Commission (NYC); and 
(h) two (2) representatives Gom NGO’s, 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. 
IN THE IMPLEMENTATION OF THIS ACT, THE JJWC 
SHALL CONSULT WITH THE VARIOUS LEAGUES OF LOCAL 
GOVERNMENT OFFICIALS. 
The JJWC shall coordinate with the Office of the Court Administrator 
and the Philippine Judicial Academy to ensure the realization of its mandate and 
the proper discharge of its duties and functions, as herein provided. 
Section 3. Section 20 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 20. Children below the Age of Criminal Responsibility. - If it has 
been determined that the child taken into custody is fifteen (15) years old or 
below, 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 hidher parents or guardian, or in the absence thereof, the child’s 
nearest relative, UNLESS THE BEST INTEREST OF THE CHILD 
REQUIRES THE REFERRAL OF THE CHILD TO A YOUTH 
REHABILITATION CENTER. [Said authority shall give notice tot] The local 
social welfare and development officer [who will] SHALL determine the 
appropriate programs FOR THE CHILD WHO HAD BEEN RELEASED, in 
consultation with the child and [to] the person having custody over the child. If 
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the parents, guardians or nearest relatives cannot be located, or if they rehse to 
take custody, the child may be released to any of the following: 
(1) A duly registered nongovernmental or religious organization; 
(2) A barangay official or a member of the Barangay Council for the Protection of 
Children (BCPC); 
(3) A local social welfare and development officer; or when and where 
appropriate, the DSWD. 
[If the child referred to herein has been found by the Local Social 
Welfare and Development Office to be abandoned, neglected or abused by his 
parents, or in the event that the parents will not comply with the prevention 
program,] IF THE BEST INTEREST OF THE CHILD REQUIRES THAT 
HE OR SHE BE PLACED IN A YOUTH REHABILITATION CENTER, 
THE CHILD'S PARENTS OR GUARDUNS 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 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 CFIILDREN; PROWDED FURTHER, THAT THE 
MINIMUM AGE FOR CHILDREN COMMITTED TO A YOUTH 
REHABILATION CENTER SHALL BE TWELVE (12) YEARS OLD. 
SEC 20-A. REPETITION OF OFFENSES - A CHILD WHO IS 
FIFTEEN YEARS OF AGE OR BELOW FIFTEEN (15) YEARS OF AGE 
AND WHO COMMITS AN OFFENSE FOR THE THIRD TIME OR 
OFTENER SHALL BE DEEMED A NEGLECTED CHILD UNDER 
PRESDENTIAL DECREE NO. 603, AS AMENDED, AND SHALL 
UNDERGO INTERVENTION PROGRAMS SUPERVISED BY THE 
LOCAL 
SOCIAL WELFARE 
AND 
DEVELOPMENT OFFICER 
PROVIDED THAT, IF THE BEST INTEREST OF THE CHILD 
REQUIRES THAT HE OR SHE BE PLACED IN A YOUTH 
REHABILITATION 
CENTER, 
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 
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 REHABILATION CENTER SHALL BE 
TWELVE (12) YEARS OLD. 
SEC 20-B. HEINOUS CRIMES COMMITTED BY CHILDREN WHO 
ARE EXEMPT. - A CHILD WHO IS FIFTEEN YEARS OF AGE OR 
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BELOW FIFTEEN (15) YEARS OF AGE AND WHO COMMITS A 
PARRICIDE, MURDER, INFANTICIDE, KIDNAPPlh‘G AND SERIOUS 
ILLEGAL DETENTION WRERE 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 SHALL BE DEEMED A NEGLECTED CHILD 
UNDER PRESDENTIAL DECREE NO. 603, AS AMENDED, AND, IF THE 
BEST INTEREST OF THE CHILD SO REQUIRES, SHALL BE PLACED 
IN A YOUTH REHABILITATION CENTER. 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 
PURSUANT 
TO 
PRESIDENTIAL DECREE NO. 
603, AS AMENDED, AND THE 
SUPREME COURT RULE ON COMMJTMENT OR CHILDREN; 
PROVIDED FURTHER, THAT THE MINIMUM AGE FOR CHILDREN 
COMMITTED TO A YOUTH REHABILATION CENTER SHALL BE 
TWELVE (12) YEARS OLD. 
SEC 2 0 4  EXPLOZTATZON OF CHZLDREN FOR COMMISSION 
OF CMMES. -- ANY PERSON WHO, IN THE COMMISSION OF A 
CRIME, MAKES USE, TAKJCS ADVANTAGE OF, OR PROFITED FROM 
THE USE OF CHILDREN, SHAL,L BE IMPOSED THE PENALTY 
PRESCRIBED BY LAW FOR THE CRIME COMMITTED IN ITS 
MAXIMUM PERIOD. 
SEC 
20-0. 
ASSISTANCE 
TO 
VICTIMS OF 
OFFENSES 
COMMITTED BY CHZLDREN. - IF THE VICTIM OF THE OFFENSE 
COMMITTED BY A CHILD IS ALSO A CHILD, THE APPROPRIATE 
ASSISTANCE AND PSYCHOSOCIAL INTERVENTION SHALL BE 
THE LOCAL SOCIAL WELFARE AND DEVELOPMENT OFFICER AND 
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, AS 
PROVIDED IN REPUBLIC ACT NO. 7610, OTHERWISE KNOWN AS 
THE “SPECIAL PROTECTION OF CHILDREN AGAINST CHILD 
ABUSE, EXPLOITATION AND DISCRIMINATION ACT” AND ITS 
IMPLEMENTING RULES AND REGULATIONS. 
PROVIDED TO THE VICTIM-CHED AND HIS OR HER FAMILY BY 
Section 4: Section 22 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC 22. Dirties During Initial Investigation. - The law enforcement 
officer shall, in hidher investigation, determine where the case involving the child 
in conflict with the law should he 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, 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, guardian, or nearest relative, and the 
local social welfare and development oficer, the investigation shall be conducted 
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in the presence of a representative of an NGO, religious group, or member of the 
BCPC. 
THE SOCIAL WORKER SHALL CONDUCT AN INITIAL 
ASSESSMENT 
TO 
DETERMINE 
THE 
APPROPRIATE 
INTERVENTIONS AND WHETHER THE CHILD ACTED WITH 
DISCERNMENT, USING THE ASSESSMENT TOOLS DEVELOPED BY 
THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT. 
THE INITIAL ASSESSMENT SHALL BE WmHOUT PREJUDICE TO 
THE PREPARATION OF A MORE COMPREHENSWE CASE STUDY 
REPORT. [After the initial investigation, t] The local social worker [conducting 
the same may] SHALL do either of the following: 
a. 
Proceed in accordance with Section 20 if the child is fifteen (15) 
years or below or above fifteen (15) but below eighteen (18) 
years old, who acted without discernment; and 
If the child is above fifteen (15) years old but below eighteen 
(18) and who acted with discernment, proceed to diversion 
under the following chapter. 
b. 
Section. 5: Section 33 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 33. Preliminary Investigation and Filing of Informution. - The 
prosecutor shall conduct a preliminary investigation in the following instances: (a) 
when the child in conflict with the law does not qualify for diversion: (b) when 
the child, hidher parents or guardian does not agree to diversion as specified in 
Sections 27 and 28; and (c) when considering the assessment and 
recommendation of the social worker, the prosecutor determines that diversion is 
not appropriate for the child in conflict with the law. 
Upon serving the subpoena and the affidavit of complaint, the prosecutor 
shall notify the Public Attorney's Ofice of such service, as well as the personal 
information, and place of detention of the child in conflict with the law. 
Upon determination of probable cause by the prosecutor, the information 
against the child shall he filed before the Family Court within forty-five (45) days 
from the start of the preliminary investigation. THE INFORMATION MUST 
ALLEGE THAT THE CHILD ACTED WITH DISCERNMENT. 
Section. 6: Section 57 of Republic Act No. 9344 is hereby amended to read as 
follows: 
SEC. 57. Sfatus Oflenses. - Any conduct not considered an offense or not 
penalized if committed by an adult shall not be considered an offense and shall 
not be punished if committed by a child. 
CURFEW 
ORDINANCES 
ENACTED 
BY 
LOCAL 
GOVERNMENTS SHALL BE FOR THE PROTECTION OF CHILDREN. 
NO PENALTY SHALL BE IMPOSED ON CHILDREN FOR CURFEW 
VIOLATIONS. INSTEAD THE CHILD SHALL BE BROUGHT TO HIS 
OR HER RESIDENCE OR TO THE BARANGAY HALL TO BE 
FETCHED BY HIS OR HER PARENTS. THE ORDINANCE SHALL 
ALSO PROVIDE FOR INTERVENTION PROGRAMS, SUCH AS 
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COUNSELLING, ATTENDANCE IN 
GROUP ACTIVITIES FOR 
CHILDREN, 
AND, 
FOR 
THE 
PARENTS, 
ATTENDANCE 
IN 
PARENTING EDUCATION SEMINARS. 
Section 7: Separability Clause. - If any provision of this Act is declared invalid or 
unconstitutional, the provisions not affected thereby shall continue to be in full force and 
effect 
Section 8. Repealing Clause - All Laws, decrees or rules inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
Section 9. Effectivity Clause - This Act shall take effect fifteen (15) days aRer the 
completion of its publication in at least two (2) national newspapers of general 
circulation. 
Approved, 
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